What a cancer survivor's legal win means for workers returning after illness

A Singaporean woman successfully sued her employer, an international school, for wrongful dismissal after the school refused her requests for work adjustments following her recovery from stage three nose cancer. The Employment Claims Tribunal ruled in her favor, awarding her S$20,000 (US$15,600) for wrongful dismissal. The court found that the school had breached its duty to take reasonable care of the employee's health and safety, which extends beyond workplace injuries and accidents.

According to lawyers, the employer's duty of care involves three aspects: inquiring about the facts, considering them, and responding appropriately. Once health and safety concerns are brought to the employer's attention, they must investigate the matter, review the recovery trajectory, and take sensible steps to understand the issue.

Employers must then assess what an "ordinarily prudent" employer would do in light of the available information and medical advice, and respond accordingly by providing reasonable accommodations.

NTUC assistant secretary-general Patrick Tay advised employers to allow workers with health issues to continue in their roles with appropriate adjustments, such as flexible work arrangements or alternative roles. Only in extreme cases should termination be considered, following a thorough medical board-out process and adequate compensation.

The court emphasized that employers should handle such cases with "care, sensitivity, and respect for its employee as a human being," avoiding a "broken machine" perspective. The school's rigid policy on flexible work arrangements for educational support staff during term time was deemed unreasonable and contributed to the breach of the duty of care. Employers must have a process to reasonably consider workers' requests for flexible work arrangements, avoiding blanket applications of policies.