Sick Leave Disciplinary
The client is facing a disciplinary issue at their workplace in Western Australia, where they work as a healthcare professional. The issue arises from an absence due to a medical procedure, for which the client provided a sick note. The client has been invited to a first warning disciplinary meeting, feeling that they are being unfairly penalized despite following proper procedures. The workplace policy is unclear on disciplinary actions following the submission of sick notes. The client believes it is unjust to be punished for taking necessary medical leave.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights under employment law regarding disciplinary action linked to sickness absence?
Under employment law, employees are protected from unfair treatment, including dismissal related to legitimate medical absence. If your absence is due to a medical issue, your employer has a responsibility to consider reasonable adjustments. Employers should generally adhere to established guidelines when handling disciplinary issues, ensuring that procedures are fair and consistent.
Can my employer legally proceed with disciplinary action if I have submitted a legitimate sick note?
Employers may initiate disciplinary proceedings if they believe the absence is unjustified; however, they must adhere to a fair process and not discriminate based on health reasons. A valid sick note should be acknowledged in their decision-making process.
How can I challenge or appeal the disciplinary action taken by my employer concerning my medical absence?
To appeal the disciplinary action, review your employer’s procedure and negotiate a formal appeal, stating why you believe the action is unwarranted and referencing your valid sick note. It may help to provide supporting documentation.
What steps should I take to prepare for the disciplinary meeting to protect my rights?
Gather all relevant documents such as sick notes and any communication related to your absence. Familiarize yourself with your employer's policies and consider bringing a companion for support during the meeting.
Are there potential repercussions I should be aware of if I contest the disciplinary action from my employer?
Contesting disciplinary action may lead to further complications, including escalation of the situation, though it may also serve to uphold your rights. It is important to weigh the potential effects on your current job and future professional references.