Employer's responsibility after long term disability?

B

Bongo

Registered User
Messages
70
I have over 10 years service with my employer at a senior management level. Since December 2005 I have been off work (on full pay) arising from job related stress resulting in severe mental illness (depression/anxiety/fatigue). I have been admitted to hospital with no sign of recovery as yet.

After six months my entitlement to full pay ceases and I become eligible for my employers disability scheme (50% of my basic salary excluding benefits). My employer plans to recruit a replacement for me, so my job will no longer be available.

What are my rights assuming I become well enough to return to work as there will be no job available to return to?

Do I have any recourse against my employer for loss of earnings, given my length of service and the fact that my illness was probably worked induced?

Thanks in advance.
 
I think it would be a good idea to speak to a solicitor who specialises in this type of labour law. On the face of it I dont think you would have a very strong case.
 
An employer hired you to do a job. If you are unable or not capable to continue to do your job he has a right to look for a replacement.However Irish law is very favourable to the employee and it will be difficult to replace you after such a short time out.If you want to continue in your job I would suggest you talk to the employer or a weekly basis with an update on your condition but the update needs to have some sort of timescale for a return.Keep good communication going. I think your employer has been exceptionally fair to you so far.
 
Thanks for the replies.

I'm find it a bit of a kick in the face for an employer to be able to replace a hardworking, loyal, long term employee so easily. I've burnt the candle at both ends for them over the years and now they can just throw me on the scrapheap. I would have thought that they would bear some responsibility for my current condition under Health & Safety legislation.

Looks like legal advise is my only option - the last thing I want to prusue.
 
The DETE confirmed there is no straightforward answer in such circumstances. There is no legislation to protect employees who have been on long term sick leave. The only redress available would be to attend a Rights Commissioner who will determine if an employer has treated you unfairly, or alternatively take legal action.
 
Bongo,

I have particurlar sympathy for your prediciment as it cannot be easy for you to take. My advise for what it is worth is to concentrate on getting better again and back to work and a normal life. I think that putting yourself in a legal challenge will only cause more stress and anxiety. At the end of the day your health is your wealth and like the other posters I am not certain if you would be successful. Maybe a change when you are better to another employer may be the break you need.

Bst of luck on what ever you decide to do.
 
You must log in or register to reply here.
Back
Top