The Long Term Sickness Dismissal Letter is a critical document used in Australian employment law contexts when terminating an employee's contract due to extended illness or incapacity. It should only be used after a thorough consultation process, consideration of reasonable adjustments, and obtaining appropriate medical evidence. The document must comply with the Fair Work Act 2009, Disability Discrimination Act 1992, and relevant state legislation. It should demonstrate that the employer has followed a fair process, considered alternatives to dismissal, and made reasonable attempts to support the employee's return to work. The letter typically includes details of previous communications, final payments, notice periods, and next steps. This document represents the final step in what should be a well-documented process of managing long-term sickness absence.
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1. Date and Address Block: Current date and recipient's full contact details
2. Opening and Reference: Reference to previous communications and meetings regarding the employee's illness
3. Acknowledgment of Situation: Summary of the employee's length of absence and current medical situation
4. Consultation Process Summary: Overview of steps taken to consult with employee, including meetings and considerations of alternatives
5. Decision Statement: Clear statement of the decision to terminate employment due to long-term illness
6. Notice Period Details: Information about notice period, final working day, and any payment in lieu of notice
7. Final Payment Information: Details of final salary, accrued leave, and other entitlements
8. Next Steps: Clear instructions about return of company property and final administrative procedures
9. Closing: Expression of regret, good wishes, and contact information for queries
1. Medical Benefits Continuation: Include if company policy provides for continued medical coverage post-termination
2. Outplacement Support: Include if company offers career transition or outplacement services
3. Reference Provision: Include if willing to provide future employment references
4. Non-Compete Reminder: Include if employee is bound by existing non-compete agreements
5. Settlement Agreement Option: Include if offering a settlement agreement to prevent future claims
6. Return to Work Properties Checklist: Include if employee has significant company property to return
1. Schedule A - Final Payment Calculation: Detailed breakdown of final payment including salary, leave entitlements, and any other payments
2. Schedule B - Company Property List: Itemized list of company property to be returned
3. Appendix 1 - Meeting Records: Summary of all consultation meetings and communications regarding the illness and potential return to work
4. Appendix 2 - Medical Assessment Summary: Summary of relevant medical assessments and reports (with appropriate privacy considerations)
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