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Prolong Illness - Kidney Failure

lmc
Member
Tue, 09 Jan 2018 10:00:37 PM  (Last updated: Wed, 10 Jan 2018 12:39:38 AM)

Dear Mr Siew

An Employee with doctor letter informed that he is suffering with Kidney failure and required long term hemodialysis, and advised company to provide him light duty with flexible working hours, unfortunately this is not applicable to company.

The Employee is not reporting work since Dec' 18 to up-to date with submitted his medical leave. he will not granted any salary from Jan'18 as not reporting work. shall we granted him any annual leave / medical leave / hospitalization leave?

Need your professional advice on below;

1) Can we applying "Frustration of Contract" to terminate an employee without compensation?

or

2) compensation is needed?

Thank you in advance.

lmc

KL Siew
Administrator
Tue, 09 Jan 2018 11:38:20 PM

"frustration of contract" can be an action you can take but it may not be a sure case. I think you should either consult a lawyer or pay a visit to the Industrial Relations Department and get proper advice before taking that course of action.
 

Gon
Member
Wed, 10 Jan 2018 12:39:38 AM

i will advise as below

Grant him Hospitalization leave for Dec 2017

Then another 60 day Hospitalization for 2018 + AL + whatever leave you have in company.

In this period, try to apply socso for him under pencen ilat. It going to take some time.

Talk to him nicely that company will support him for 3 month (full/half pay) until he received the pencen. Once he receive the aid, then resign.

Kesian the employee if you want to terminate him immediately. After that, develop medical board out policy in your company.