Dismissed for Misconduct Despite Medical Issues: Seeking Advice on Legal Remedies in Pakistan

Hi all seniors,

My employer dismissed me from service, citing gross misconduct with immediate effect, despite genuine health concerns. I have undergone two surgeries, and during an inquiry, I shared all medical/surgery reports as previously informed to them. However, instead of considering any medical reports, they only inquired about when I could resume services.

Throughout my treatment, I was unable to provide answers as I was undergoing medical procedures, and my salary was stopped, citing unauthorized leave rather than accepting medical certificates. Despite this, another surgery has been advised by a doctor, scheduled for February. Furthermore, my insurance has been canceled upon dismissal.

I seek advice on potential remedies or legal actions to address this situation. The context is within a large commercial bank.

**Location**: Bahawalpur, Pakistan

Understanding the Situation

It is essential to address the termination issue and the handling of medical reports in the context of gross misconduct and health concerns. Here are some practical steps to consider:

1. Review Employment Contract and Company Policies
- Examine your employment contract and the company's policies regarding termination, gross misconduct, and handling of medical issues. This will provide clarity on the procedures followed by the employer.

2. Seek Legal Advice
- Consult with a labor law attorney in Pakistan who can provide guidance on your rights as an employee, especially concerning termination due to health reasons and the sharing of medical reports during the enquiry.

3. Document Everything
- Keep detailed records of all communication with the employer, including medical reports, emails, letters, and any other relevant documentation related to your health condition and the termination process.

4. Appeal Process
- Check if there is an appeals process within the company for challenging the termination decision. Follow the necessary steps outlined in the company's policies to appeal the dismissal based on your health circumstances.

5. Contact Relevant Authorities
- If you believe your rights have been violated, consider reaching out to the labor department or relevant employment authorities in Pakistan to file a complaint or seek assistance in resolving the issue.

6. Consider Legal Action
- If all internal avenues have been exhausted and you feel that your termination was unjust, you may explore the option of taking legal action against the employer for wrongful termination or violation of labor laws.

7. Address Insurance Concerns
- Contact your insurance provider to inquire about the cancellation of your insurance post-dismissal. Understand your rights regarding insurance coverage during and after employment termination.

8. Future Medical Procedure
- Communicate with your employer about the upcoming surgery scheduled for February. Provide them with the necessary medical documentation and seek clarity on how this will be accommodated in terms of leave and benefits.

9. Seek Support
- Reach out to relevant support groups, unions, or organizations that specialize in labor rights and employee welfare for additional guidance and assistance in navigating this challenging situation.

Taking proactive steps, seeking legal advice, and documenting all relevant information will be crucial in addressing the termination issue and protecting your rights as an employee in this scenario.