710 Absence as misconduct

Description

This is the article on which the course is/ will be based.

710P Absence as a form of misconduct 

Table of Contents

1. Absence from work
2. Forms of absence
3. What the employer must prove

3.1        That the employee was absent

3.2        The employee’s absence was during a time when s/he was supposed to be at work

3.3        The employee did not have permission to be absent

3.4        The employee was intentionally absent

3.5        That the rule is valid and reasonable

3.6        That the employee was aware both of the rule [i.e. that he should not be absent], and the sanction [i.e. that he could be dismissed if he was absent] .

3.7        That the employer has acted consistently

3.8        The appropriateness of the sanction of dismissal

4. ‘Splitting the charges’
5. Defences

5.1        Authorised absence

5.2        An acceptable or reasonable explanation

5.3        The employer was aware of the reason for the employee’s absence

5.4        Lack of intention