Termination of Employment on Medical Grounds – Medical Board Out

The learned Chairman in the case of Pauline Peck v. Saratim Insurance Agency Services Sdn. Bhd [2010] 3 ILR 630 at page 636 said, “One of the ways by which a contract of employment may come to an end apart from the dismissal of an employee is by the application of the doctrine of frustration. By 'frustration' it is meant that there has been such a change of circumstances that events make it physically impossible for a contract to be performed as for example, where the illness of the employee lasts or is likely to last for a prolonged period. It cannot be disputed that illness or incapacity which is permanent will frustrate the contract, and so will illness which is of so prolonged a nature as to prevent the employer from getting substantially what he has bargained for as it is also accepted that an employee must provide satisfactory performance of the work which he has contracted to do. (Kumpulan Guthrie Sdn. Bhd. v. K.P. Sukumari Amana Narayana Meon, Award No. 33 of 1973).” This training will expose participants extensively to frustration of contract and termination of employment due to medical reason. The training will prepare participants to manage employee board out due to medical reasons in compliance with employment laws.