I witnessed the situation that I will describe while I was working as a Help Desk Operator. The work was demanding and dynamic and required 24/7 shifts. It was almost the end of the month and I was doing the Help Desk monthly schedule. One of my colleagues came to me and told me that for the next couple of weeks she wouldn’t be at work because she had a surgery appointment. She wanted to tell me so I could prepare for the upcoming shifts accordingly. She explained that it was just a minor surgery and she was expected to recover for couple of weeks. We went to explain the situation to our direct manager, who was the Chief Technical Officer (CTO) of the firm at that time, so at the end I had my schedule covered and my colleague went on with her medical arrangements.
The surgery went well; the condition of my colleague was good. After couple of days a mid-aged lady came into our office, insisting to talk to the CTO. She said that it was a personal matter and she was the mother of my colleague. After talking with the lady, the CTO called me and asked me to change the shifts schedule once again and to exclude my colleague for the entire month. I was so surprised. He explained that even though the surgery went well, she latter experienced some post-surgical complication and her condition considerably worsen, so she would have to stay in the hospital longer than expected.
In the upcoming months the health condition of my colleague was very unstable and complex. It took her nine months to partially recover. She was able to work but she had a certain percent disability so she couldn’t perform her previous work. She couldn’t work on shifts any more neither to work with the load she previously had.
From legal point of view the CTO could let her go because she couldn’t perform the job she was hired for. As an employer he had the right to dismiss her from her duty without any kind of compensation, but that was not the case. The CTO worked with the HR