Legal rights while on sick leave
Hello, I got diagnosed with invasive breast cancer April 2018, since then I have had a double Mastectomy, Chemo and still have reconstruction and Hysterectomy to go as I have the BRACA gene. i am si...
Forum Discussion
Hi @Kerry-Lee47
If you have been absent from work for more than three months things get tricky. You can certainly be made redundant while on sick leave, as long as your medical condition is not the reason your job is the one to go. Redundancy payouts are tied to periods of unbroken employment so if you have been taking extended unpaid leave you may not be entitled to a payout. I have to stress that what I am telling you should not be taken as gospel, you really need to talk to fairwork and it is possible you will need some legal advice if the commission suggests you have been treated unfairly.
It sounds like your boss is a right dick. Tread carefully and get everything in writing. I'm not sure what you mean by 'signed off', I'm assuming you have a medical certificate. It would probably also be helpful if you had made a formal agreement with your boss regarding your extended absence.
I will do a bit of investigating after the weekend but, unfortunately, we can be vulnerable to shitty treatment as your employer also has rights which protect their business interests. The size of the business dictates some of the terms regarding unfair dismissal. Other factors can be your award or enterprise agreement. Its all a bit complicated. I'll PM you once I've done a bit of digging, but, once again, this does not constitute legal advice. I'm sorry this has happened to you. MXX
If you have been absent from work for more than three months things get tricky. You can certainly be made redundant while on sick leave, as long as your medical condition is not the reason your job is the one to go. Redundancy payouts are tied to periods of unbroken employment so if you have been taking extended unpaid leave you may not be entitled to a payout. I have to stress that what I am telling you should not be taken as gospel, you really need to talk to fairwork and it is possible you will need some legal advice if the commission suggests you have been treated unfairly.
It sounds like your boss is a right dick. Tread carefully and get everything in writing. I'm not sure what you mean by 'signed off', I'm assuming you have a medical certificate. It would probably also be helpful if you had made a formal agreement with your boss regarding your extended absence.
I will do a bit of investigating after the weekend but, unfortunately, we can be vulnerable to shitty treatment as your employer also has rights which protect their business interests. The size of the business dictates some of the terms regarding unfair dismissal. Other factors can be your award or enterprise agreement. Its all a bit complicated. I'll PM you once I've done a bit of digging, but, once again, this does not constitute legal advice. I'm sorry this has happened to you. MXX