Facing Job Denial After Disability: Can My Friend Claim Compensation and Rejoin Work?

Guidance Needed for Employment and Disability Concerns

One of my friends has been associated with an MNC for the past four years. Unfortunately, due to high work pressure, he suffered a stroke on the office premises in September 2015, which left his right side (leg and hand) paralyzed. He had to take a break of almost 10 months for his recovery. Now, he is able to walk slowly and perform all activities with his left hand only.

He was working in a senior role as a Manager, responsible for handling day-to-day operations, emails, and checking reports. After a break of 10 months, he requested HR for rejoining, but HR said he cannot join the office as his right hand is not functional, and they will review his condition after two months. My friend is now in deep shock as his disability may prevent him from working elsewhere, and he has a family to support. Please advise on the following:

1) It's a neurological condition, and the recovery process is lengthy (chances are slim).

2) Can the company deny the job because of the above-stated condition?

3) The company did not pay salary for the mentioned tenure.

4) He is able to do all his work with his left hand.

5) Can we claim disability compensation?

Thanks and regards,

Roopa

While empathizing with your friend's condition, there can be very few options left for him regarding further employment. One clear option would be to choose any job that allows working from home. He can ask his HR to allow working from home for the 2 months HR says they wish to wait for. That way, he can take the chance to show that he can perform.

However, working from home can limit the type of jobs assigned, since confidential work is not usually assigned to such employees unless the company is sure it won't be misused. Also, jobs that need regular interaction with others or other employees may not be assigned, though one-off meetings can be handled through Skype.

Your friend may also need to take a cut in salary—he may not be able to insist on the same salary as before. But I guess that's the downside of such situations.

Regards, TS

Approaching the Labour Court/Tribunal for Compensation

The affected party can approach the Labour Court/Tribunal. He or she can plead before the court that occupational stress caused disability/harm and argue that he had a brain attack on office premises, resulting in paralysis of his right side (leg and hand) solely due to occupational stress.

Also, plead any breach on the part of the employer concerning employment terms and conditions. The burden is on you to establish facts whereby the Court/Tribunal could conclude that occupational stress caused harm to your health, which forms the basis for seeking compensation.

Nevertheless, one has to establish the facts and accordingly show workplace stress as the root cause of injury. We can also plead that work-related stress combined with harassment triggered the recurrence of a past or present disability. In turn, establish the facts within your grievance before the Tribunal/Court. This potentially makes the employer liable to pay you compensation for disability discrimination under Indian Labour Law.

If you are capable of doing the given work, the employer should not deny employment based on disability. Moreover, if the disability was caused because of employment, this should be addressed.

Approaching the Company for Rejoining

If he is able to do his job, he can approach the company with representation along with a medical certificate or fitness certificate for rejoining work.

Raising a Dispute for Reinstatement

Even thereafter, if the company denies employment, he can raise a dispute before the Labour Commissioner for a suitable remedy for his reinstatement and other benefits under the relevant Act.

Seeking Monetary Compensation

Simultaneously, he can also seek monetary compensation from the company by raising a dispute before the Tribunal, as the disability is due to occupational stress.