Right to return to work after sick leave?

wazzoraybelle

hi, hope someone can help with this, only looking for thoughts and a bit of direction on how to set about resolving this issue.
Someone has an illness (not strictly work related) and takes mandatory sick leave from work (no sick pay), about 3 months later his doctor declares him fit for work, but company want him to be assessed by their own doctor who declares him unfit. It takes nearly a year for the company's doctor to declare him fit for work.
The company then wants him to reapply for his job. He has worked there for 10 years and fears that this application will mean he will lose all rights ( redundency etc. that he has built up over the 10 years.

The employee feels that his company doesn't want him back and have been exceedingly difficult to deal and communicate with over the year that he was out sick.
He is a member of a union but they have been less than useless in providing help and support.
While he is not looking forward to going back to this company, owing to their treatment of him,but he is willing to do so.
He will be getting legal advice on this.
What are the laws regarding job security while off sick?
Do these apply to the case above?
Will reapplying for the job affect his rights, if any, that he has built up?
What kind of documentation does he need to bolster his case (if any).

Thank you.
Wazzo

Ken.

Tell him to contact N.E.R.A. Their website is,
http://www.employmentrights.ie/en/

wazzoraybelle

lucyfur09 wrote: »

Tell him to contact N.E.R.A. Their website is,
http://www.employmentrights.ie/en/

Thanks for the quick response, I have already looked through the NERA site and couldn't find anything regarding returning to work after an illness.

leeroybrown

For something complex like this they'll need to talk to NERA for advice and quite likely consider talking to a solicitor before doing anything more.

Art Teacher

The labour court made a determination favourable to the employee in a situation where there was conflicting medical opinion between the company doctor and the employee doctor. The union had suggested that an independent third party doctor assess the worker and the company declined. http://www.labourcourt.ie/labour/labcourtweb.nsf/cfcbbe5c5fe85fa680256a01005bb356/80256a770034a2ab802575e7005c5edc?OpenDocument

About the question of reapplying for a job, I can't understand why this worker should have to do so - why is s/he not entitled to return to original job? I am not sure that there is any legislation regarding sick leave entitlements but employees who are dismissed on the basis of a disability are entitled to redress under the Employment Equality Acts 1998 to 2004. has your friend been dismissed from their job?

wazzoraybelle

[QUOTE= has your friend been dismissed from their job?[/QUOTE]

They havn't said as much,
But what possible reason do they have for making him apply for his job again?

Art Teacher

I have no qualification here other than teaching art, but maybe your friend should enquire as to if s/he has been dismissed from their post.