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Question
Posted by: Shelley | 2017/08/15

My rights – domestic had a stroke.

My domestic didn't come to work for 2 days to which we found out she had a massive stroke. Couldn't talk, walk etc. She has been employed since October 2016 and I have not signed a contract with her. We had to find somebody else as we are a busy house with 5 kids so not having a domestic is not an option. She is still not back at work with only one phone call from her last week saying she "is getting stronger". However, I'm not sure whether she will be able to maintain since her stroke. Where do I stand with these 2 domestics now? The old and the new. I have not signed anything with the new one either and she has been told she is on a 3 month probation. How do I legally terminate the employment of my domestic who had the stroke? Thanks.

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Our expert says:
Expert ImageLabour lawyer
- 2017/08/17

You do need to engage with the domestic as to whether she has recovered and whether she is able to conduct herself at work.

In terms of the Labour Relations Act and the schedule attached thereto, "The Code of Good Practice on Dismissal" it is necessary for you to ascertain whether you can assist by changing the working conditions.  If this is not possible then you need to go through a dismissal exercise which is both fair to the employee and employer.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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