Transferring jobs within HSE due to illness.

subscriber

Hello Folks,

I hope this the most appropriate forum to post this in. I am working as a within the HSE in a role that requires a lot of manual handling and heavy lifting on a daily basis. I had a recent back injury (non work related, more long term wear and tear) which forced me out of work for four months and involved an operation and extensive physiotherapy to put me back on my feet. I was pain free after my recovery before returning to work but within a few weeks of returning to work, i have increased back pain again due to my work responsibilities.

My question: I am wondering if I am unable to continue in my normal daily duties due to this illness if they are required by law to reappoint me to another role within the health service that does not involves heavy lifting upon my request or could this ongoing illness be potential cause for termination of my contract if I highlight the issue to them.

Appreciate any replies.

davo10

No they are not required to reappoint you to another job. Unfortunately if you are unable to carry out the tasks for which you are employed, they can terminate employment and the Unfair Dismissals Act will not apply. This is the relevant point in the statute, Section 6(4).

It is not unfair dismissal if:
the employee being unable to work or continue to work in the position which he held without contravention (by him or by his employer) of a duty or restriction imposed by or under any statute or instrument made under statute.

InReality

I'd strongly suggest professional legal advice in your situation , and don't take anything here as gospel.

There is an obligation on employers to make "reasonable accommodation" , for a person with an illness or disability.

This may apply in your case.
I'd also talk to a trade union if your in one , and see what the norms are in your division/region.

http://www.boards.ie/vbulletin/showthread.php?t=2055263383

davo10

InReality wrote: »

I'd strongly suggest professional legal advice in your situation , and don't take anything here as gospel.

There is an obligation on employers to make "reasonable accommodation" , for a person with an illness or disability.

This may apply in your case.
I'd also talk to a trade union if your in one , and see what the norms are in your division/region.

http://employmentrightsireland.com/tag/termination

See paragraph "not unfair dismissal"

InReality

davo10 wrote: »

http://employmentrightsireland.com/tag/termination

See paragraph "not unfair dismissal"

http://www.boards.ie/vbulletin/showt...p?t=2055263383

davo10

InReality wrote: »

http://www.boards.ie/vbulletin/showt...p?t=2055263383

The link is to an article giving advice, rather like the citizens advice website.

blindsider

InReality wrote: »

I'd strongly suggest professional legal advice in your situation , and don't take anything here as gospel.

There is an obligation on employers to make "reasonable accommodation" , for a person with an illness or disability.

This may apply in your case.
I'd also talk to a trade union if your in one , and see what the norms are in your division/region.

http://www.boards.ie/vbulletin/showthread.php?t=2055263383

Subscriber - see my bolded pieces above. We don't/can't give legal advice here.

IMO you potentially have grounds to be moved. It's worth discussing with your union firstly - and then your manager and local HR office. (I'd hope that your union will provide enough support so that you won't need to get a solicitor involved - but there are no guarantees...)

Finally - you say this in your OP:

(...non work related, more long term wear and tear)

Could the continuous heavy lifting etc have contributed to the recent injury? Might be worth a medical opinion....