Employee out sick for over a year due to stress

A worker has been on sick leave for over a year, mainly due to stress from a workplace grievance. The worker was initially suspended after a false allegation. When they returned to work, they filed a grievance about how the suspension was handled, claiming standard procedures were not followed. The grievance panel denied the worker's claims but acknowledged that lessons would be learned for future cases. Now, the worker is considering legal action due to their prolonged absence and stress. Experts say employers must thoroughly investigate workplace complaints. They warn that suspensions can cause significant distress for those involved. Anne O’Connell, an employment lawyer, emphasizes the need for justification before suspending an employee. She notes that suspensions should be used carefully and only when necessary. Michelle Halloran, an HR consultant, adds that the investigation process can be tough for everyone. She suggests that if a company fails to follow its own procedures, the employee could file a complaint. However, finding legal success can be difficult, especially when proving that the employer's actions directly caused emotional injury. Both experts advise seeking legal guidance to explore possible options, like breach-of-contract claims. However, they warn that proving harm from a suspension can be a challenging process. Halloran also stresses the importance of handling suspensions with care to avoid further stress for all parties involved.