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Does his doctor say that he is unable to do any duties involving driving because his fatigue will impact on any distance?
When you employed this employee was he under an award or an agreement and is there anything in those documents about termination as a result of illness?
Did he contract this condition as a result of his employment?
Hello, the doctor letter states
"XXX is currently undergoing a course of treatment for 48 weeks with a number of side effects that may potentially affect his ability to perform his normal working duties.
Side effects can include flu-like symptoms and fatigue. We have discussed at thength the importance of XXX recognising worsening symptoms and to adjust his duties in accordance with his state of health. This may include limiting overnight driving and ensuring frequent breaks during working hours.
We expect that side effects of treatment will last for the duration of therapy."
The distances our drivers are expected to cover are between 750 - 1000 km per day and does involve an amount of overnight driving to meet time requirements in line with the National Driver Work Diary allowable working hours.
The award he is employed under is the Road Transport (Long Distance Operations) Award 2010. I have not seen anything relating to termination as a result of illness.
This was a pre-existing illness.
The employee has been with us for approx 4 years and the condition was only made known to us approx 6 months ago. I believe this is the same time the employee became aware of the diagnosis.
I could offer leave without pay but I also have a vehicle that is idle during this time and need to put it to work.
Under the award and any other employment law, am I under any obligation to hold the position?
Thanks for your help.
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