Hi all!
A friend was terminated after sustaining injury while at work. His line of work requires him to lift heavy objects manually and during duty he sustained shoulder injury that makes it difficult for him to do the requirements of the job. Said injury happened while he was still on his three month probationary period. He has signed a job offer but no contract yet. By the end of his shift one day, he was told by his superior that it has been decided that he is deemed unfit for the work hence the termination.
Now the question is this: is there any grounds for a complaint in the ministry of manpower against the company for his termination? A lot of people has advised him to do so as the injury happened while at work.
Another thing is, the company has told him that for his return ticket to his home country, half will be paid by the company and the other will be by him. Is this really how it should go?
Thank you very much.
TERMINATED DUE TO INJURY DURING WORK
Hi ikayperez,
Within the 3-months (probation period), an employee or the employer are free to terminate the contract without any notice period.
If an employer has done so, then it would mean that they do not wish to retain and continue with the person hired - for whatever reason. So there is nothing really to complain.
If an injury happened on site, then it is the responsibility of the employer to provide the injured employee with the required medical assistance. If that was done, then where is the question of any complaints to be lodged ? On what grounds ?
Regarding the half-return-air-fare, what has been agreed prior between the employee and the employer would hold good.
Thank you sir for the answer, you've been most helpful and your insights have been duly noted.
Regarding the medical aid which you have mentioned, the employer has said that there is no insurance as of yet so the expenses and medications was shouldered by the injured worker and since he has been terminated, they will not reimburse his expenses. Nothing has been stipulated on the job offer letter regarding medical expenses on injury while at work and he has not signed a contract before it happened. In lieu of this, is there any ground for a complaint?
Again, thank you very much.
Hi ikayperez,
Unfortunately, since there is no formal agreement on paper, there is nothing to refer back to, to argue for or against in the court of law.
This is a very unfavourable situation for the person(s) concerned.
At best, your friend can only approach his / her community social service organisation and request them to assist with the medical costs (if it is too heavy for the individual to bear on his / her own).
Your friend should also be registered with Social security and formally must be under written contract.
Also, inorder to apply 3 months probation period, there must be written agreement between employer. Since there is no written contract, it is completely company's responsibility to handle the case fairly and compensate the employee injured in their premise.
He should take the medical report and approach Social security along with the labor office. Reason that he cant carry out heavy job due to injury caused during work.
But before all this your friend must approach the company and ask to continue the employment and move him to another department with less physical work.
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