Dismissal on grounds of capability

An employee on long-term sickness absence can be fairly dismissed only when the medical position has been thoroughly and carefully investigated, and (wherever possible) the following has been established:

  • all alternatives to dismissal have been considered, for example workplace adjustments to allow the employee to return to work and redeployment on the grounds of ill-health;
  • the type of the medical condition;
  • expected return to work date.

The specific procedure to follow is outlined in the staff handbooks:

  • For support staff, section 8.2 of the staff handbook should be followed in all such cases.
  • For academic and academic-related groups of staff, Part E of Statute XII must be followed in all such cases. The relevant HRBP should be consulted throughout this process.

The employee must be notified of the reasons for the proposed dismissal, and have an opportunity to put forward his/her case before a decision is finalised.