Question

Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas’ role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member. In this case, the employer has the burden to prove that removal of Nicolas is:

Answer 1

Answer: Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. He was grievously injured while performing his job.

Due to the key responsibilities associated with Nicolas’ role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member.

The employer has the burden to prove that removal of Nicolas is because he has absolute disability to continue performing normally his job activities .

Explanation: Resignation is a way to terminate the employment contract.

The labor law requires that the resignation be made by telegram or letter document.  

When an employee has a work accident that conditions his job activities he can ask ,after the corresponding medical exams to be declare with an absolute disability .

In that case the worker will have a payment as a compensation because he cannot work anymore and can also start getting pension  .

After 3 years he/she must make again the medical exams to confirm that the situation is still the same and that her/his capacity to work is still like in the beginning and keep getting paid .

If the employer cannot prove that Nicolas has resign his position because of his disability he will probably have problems and can be accused of justified resignation which has a compensation equivalent to unjustified dismissal , that means that the employer fired Nicolas without reason to replace him for another person.