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

A cancer survivor who worked for an international school in Singapore faced pushback from her employer when she requested accommodations for her recovery. The administrative assistant, who was treated for stage three nose cancer, asked to work from home twice a week, take occasional early departures for rehabilitation, and perform only light duties.

The school initially refused her request, leading to a lawsuit. An Employment Claims Tribunal ruled in her favor, awarding her S$20,000 (US$15,600) for wrongful dismissal. The tribunal found that the school had breached its duty to take reasonable care of her health and safety. Lawyers noted that this ruling sets a significant precedent, outlining employers' legal obligations to ensure the well-being of employees outside of workplace injuries.

Employers must inquire about employees' health needs, consider the facts, and respond appropriately, which may involve providing reasonable accommodations like flexible work arrangements. NTUC's assistant secretary-general, Patrick Tay, emphasized that workers should be allowed to continue in their roles with appropriate adjustments when possible, such as working from home or taking on lighter duties.

However, extreme cases of an employee's inability to perform their current role might lead to termination, but only after following a reasonable medical board-out policy and compensating the employee. The tribunal acknowledged that employers must engage genuinely with employees regarding their medical conditions, limitations, and the necessity of accommodations, treating them as human beings rather than "broken machines."

Despite having a policy against flexible work arrangements during term time, the school's refusal to consider the employee's unique situation and limited alternatives ultimately breached its duty of care.