Said he felt 'pressured' to work despite filing medical certificates
A manager who was still recovering from his injuries after an accident has recently filed a claim before the Employment Relations Authority. He claimed that his employer fired him despite medical evidence that he was unfit to return to work during a certain period.
Abdul Fareed Khan argued that he experienced unjustifiable disadvantages during his employment and was ultimately unjustifiably dismissed.
Khan's full-time employment with Hazara Auto Recyclers Limited (Hazara) as business operations manager began in September 2018.
He said that following a traffic accident in January 2021, his doctor recommended he cease work and go on ACC (Accident Compensation Corporation).
According to records, Khan's medical condition led to severe concussion and vertebrae issues.
Despite the ACC’s advice, Khan said he faced “pressure” to continue working, but on 19 February 2021, he submitted a medical certificate stating his incapacity to work from that date until 4 March.
He said that the employer assured him that he could take as much time off as needed for recovery, with his job secured for his return. Subsequently, Khan forwarded Hazara another medical certificate confirming his inability to resume work before 25 May 2021.
However, on 23 May 2021, Khan received an email from Hazara, citing his absence from work since 22 April.
Hazara said that ACC had advised them of the medical certificate's expiration on April 13, 2021, and claimed that according to the employment agreement, they were justified in terminating his employment due to consecutive days of absence.
Hazara informed Khan via email that they were dismissing him, and he was not left with an opportunity to collect his personal belongings. Khan argues that his dismissal under these circumstances was unjustified.
In its decision, the Authority considered that the worker was employed within "a small community," which injured his feelings. It noted that the worker felt "upset, and at times unwell," adding that he also "felt betrayed."
Ultimately, considering his circumstances, the Authority agreed with the worker that he was unjustly dismissed and ordered proper compensation.
