Dismissal for sick leave

angela1711

Hi all, we’ve got an appointment with our solicitor coming up soon but was just hoping that someone could give me an insight into this beforehand.

My partner was in a serious head on collision a year ago. It was completely the other divers fault. He had suffered different injuries but returned to work to see how it goes after a few weeks. We also couldn’t afford him not working at all so he really had no other choice at this point in time.

He had been working for almost a year, constantly taking pain killers and had to take a number of weeks off here and there to rest at home. His got his MRIs results and consultant report recently and things are not looking well. He will need two surgeries and was told by his GP that he shouldn’t be engaging in any physical work.


He is intending to listen to doctors advise and go on an extended sick leave. Here is the question, can his employer dismiss him while on sick leave and if they can is there a time limit after which he may be let go? If he ends up dismissed how is the loss of earnings going to be calculated if at all??

He is physically not able to work 40hr a week, had asked for part time work but the company won’t allow it. There is not a chance of him getting an office job as he simply doesn’t have the qualifications. And even if he had he probably wouldn’t able to sit in a chair for 8hrs a day either. He actually really likes his current job, it’s great pay, close to home and all the rest and is simply devastated that he will probably loose it. On top of that he is worried that no one would even compensate him for the loss.

I would appreciate if anyone could provide some advise.

salmocab

I’ve nothing really to offer but from reading this is it a thing that he will likely never be able to do the job again due to the injuries?

godtabh

He can be let go in sick leave. It’s an employers decision.

angela1711

salmocab wrote: »

I’ve nothing really to offer but from reading this is it a thing that he will likely never be able to do the job again due to the injuries?

Yes, and not only this job but any labor intensive job.

_Brian

If he is no longer capable of doing the job he was hired to do he can be let go on that basis.

Reasonable to large sized business would be expected to try and provide an alternative position but this is vauge.

angela1711

He didint go on sick leave sooner as the company was very accommodating as in allowing him to take multiple breaks, days off when needed, tried to give him light work when possible extra. Plus illness benefit is not necessarily a directors pay, 200e a week is really not a lot of money. He actually doesn’t even qualify for the full rate as I earn to much according to social welfare.

angela1711

So looking at your replies and google he can be let go. Is he going to be compensated to the loss of earnings ? It is really unlikely that they would let him go if it wasn’t for the accident and his incapacity.

salmocab

angela1711 wrote: »

So looking at your replies and google he can be let go. Is he going to be compensated to the loss of earnings ? It is really unlikely that they would let him go if it wasn’t for the accident and his incapacity.

Assuming the other driver is found to be at fault their insurance should be compensating you, how far that goes I couldn’t say.

angela1711

salmocab wrote: »

Assuming the other driver is found to be at fault their insurance should be compensating you, how far that goes I couldn’t say.

The other guy had no insurance, not even a drivers license. We are going the MIBI road.

angela1711

And I know that you are entitled to damages for loss of earnings and possibly future loss of earnings (it’s still early days to talk about that) but what I don’t know is if you are entitled to be compensated for the loss if your employer let you go as in theory you no longer have earnings.

According to our solicitor (that’s before we have thought of him being let go) he would have been compensated for the loss of his wages minus any social welfare payment that he had received while on illness benefit.

STB.

You need a good solicitor. You probably need to take a personal injuries case as you do not know what is down the road. You need to have one lodged within 2 years or it becomes stature-barred.

More>

https://www.mlaw.ie/road-traffic-accident-family-suffers-personal-injuries/

https://www.traceysolicitors.ie/en/car-crash-claim/

angela1711

STB. wrote: »

You need a good solicitor. You probably need to take a personal injuries case as you do not know what is down the road. You need to have one lodged within 2 years or it becomes stature-barred.

More>

https://www.mlaw.ie/road-traffic-accident-family-suffers-personal-injuries/

https://www.traceysolicitors.ie/en/car-crash-claim/

We already have a solicitor. We have lodged a personal injuries claim a few weeks after the accident.

STB.

angela1711 wrote: »

We already have a solicitor. We have lodged a personal injuries claim a few weeks after the accident.

My understanding is that future loss of earnings is considered by PIAB under "Special Damages". I assume your solicitor is up to speed with your concerns etc.

angela1711

Yes but that is future loss. That is obviously something that is going to be calculated down the road based on his recovery etc.

What I am mostly wondering is his current earnings. As far as I understand there are two scenarios that can possible happen:

1. He goes on an extended sick leave, say one year as an example. His employer decides to accept it and not to dismiss him. He signs on with the dole and receives illness benefit for the whole duration of his absence from work. So, say he is earning 500e a week. He gets 200e from social welfare and the remaining 300e would have been compensated by the injuries boards, insurance company or the Court whatever way this ends up going.

2. He takes time off work again, his employer decides to dismiss him as he is no longer capable of doing the work he was hired for. He gets 200e form social welfare again and then what? Surly in this case he was solely dismissed based on his incapacity which would not have happened if it wasn't for the negligence of the other driver. Is he left on the mercy of his employer, praying that they don't let him go or he won't get any money for his loss of earnings?

Sorry if this sounds a bit hectic I am at work so don't really have time to read over it.

ED E

We have lodged a personal injuries claim a few weeks after the accident.

You specified your claim amount for loss of earnings on that claim. You need to talk to your solicitor.

splinter65

Just from a SW point of view he’s getting €203 which is the max for Illness Benefit. He’s not getting anything for you or kids because you earn too much.
With urgency he needs to apply to SW for an Invalidity Pension as his illness benefit is going to run out. It only lasts for 2 years max. Invalidity Pension is long term and means he won’t be sending in certs any more. He’ll also get Free Travel with it.
Get the Invalidity Pension form ASAP and fill it in, ask his GP for an updated report on his conditions and send it with it, also a letter from yourselves stating his day to day life with this injury.
Did the accident happen on the way to or from work (unbroken journey) or as part of his work?

angela1711

Apologies, by saying that we had lodged a claim I meant that we've engaged a solicitor, informed the MIBI, got one of the many needed medical reports done. A claim with PIAB is only going to drafted on our next meeting as the solicitor was waiting for the medical report.

angela1711

splinter65 wrote: »

Just from a SW point of view he’s getting €203 which is the max for Illness Benefit. He’s not getting anything for you or kids because you earn too much.
With urgency he needs to apply to SW for an Invalidity Pension as his illness benefit is going to run out. It only lasts for 2 years max. Invalidity Pension is long term and means he won’t be sending in certs any more. He’ll also get Free Travel with it.
Get the Invalidity Pension form ASAP and fill it in, ask his GP for an updated report on his conditions and send it with it, also a letter from yourselves stating his day to day life with this injury.
Did the accident happen on the way to or from work (unbroken journey) or as part of his work?

He is not on illness benefit yet. I just said that he will be getting 200e as I've seen that's the going rate if I (his partner) am working. He is waiting until after solicitor appointment to actually take the sick leave. It happened on the way to work yes.

Also, I thought that you can only apply for invalidity pension after being out of work/on sick leave for at least 2 years?

nuac

Mod
To Angela1711
This forum is for legal discussion rather than legal advice. Your partner has a solicitor who should be consulted on the various aspects of the claim. It is not possible to deal with the many issues which can arise thru' this forum.
Good luck