A termination during injury treatment was opened and sent back.

01

What the decision said

The judgment states that during medical treatment under Labor Standards Act §59, the employer may not end the contract — the first sentence of §13. The lower court had upheld a §12(1)(4) termination without dealing with that bar. The Supreme Court set the judgment aside and sent it back to the Kaohsiung Branch of the High Court. A remand is not a final winner. The line is: the treatment period has to be seen first.

02

What an employer can sort first

1. 1Write the diagnosis, the return-to-work date, and the termination letter on one line.
2. 2Separate injury compensation from whether the contract still exists. Do not do both in one letter.
3. 3If treatment has not ended, do not write “serious breach” as the reason for ending the contract yet.

03

Read the full text

Different facts, different result. Do not lay this onto your people, dates, or letters.