Dismissing an employee .


I was working in Public sector Unit for more than 5 years. Since the health condition detoriated (liver disorder), I was granted one month paid leave . Further in need of medication I had asked for leave extension, which was not granted by the employer. I want to utilize my medication period to study post graduation . So I had applied for study leave , which was also declined by my employer. They had called me for domestic enquiry which I couldnt able to attend for two times. Further they told an External enquiry would be conducted to decide on future coarse of action. But all of a sudden,  they send me a letter stating that  I was dismissed from the service. I need to know, whether an employer can dismiss an employee when he is Sick ?  Whether an employer can dismiss an employee if he wants to undergo further education as a study leave?

 

 
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Dear Sasikumar,

 

Since you were working with the company for last 5 years then you must be having pending leaves plus this year leaves too. As you said you took 30 days leave for medical reason. Did the doctor advised you for for rest? if yes, then had you produced certificate or letter of the doctor advising further bed rest????

Kindly confirm.

Regards

 
Reply   
 


FIN

Mr. Dalmia has given valuable advice. Kindly revert.

In case of sick leave employee should produce on his own medical certificate, and diagnostic reports, pathological reports, etc on his own and if demanded. This enables the employer to obtain in house opinion or from a specialist doctor to ascertain the adequacy of leave request. The employer can ask for opinion of super specialist doctor from institution or appointed by it.

The medical disorder mentioned by you is to be treated by a specialist doctor say a Gastroenterologist, Hepatologist and you might have been under treatment of an expert doctor or institution.

It is believed that you have produced all documents desired by the employer, and mentioned tangible and prudent reasons for being unable to attend domestic enquiry. External enquiry may mean examination by external team of doctors..

Grossly speaking termination during sick leave may prove to be a bad order.

Usually it is mentioned in appointment letter that contract can be terminated due to prolonged absence from duty (and some may mention due to sickness).

Valuable advice of learned experts/members is sought.

 
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Dy Director

You have taken contradictary plea which is sufficnet to believe that you are not sick (even if you had MC). Depttl inquiry does not require 100% evidence and works on pre-ponderance of probability.

 

 

 

You have stated that you did not attend two dates of hearing. Even if you were sick then what prevented you to be in the  inquiry even if you hired a taxi.  You have not stated whethe you attended next hearings and if so what was the outcome.

 

Employer can certainly dismiss an employee who does not come forward to defend himself in the inquiry.

 
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