Labour Law

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Absence Without Official Leave

Question:

An employee has taken unapproved leave for 10 working days during December of 2009, after signing a contract in 2004 stating that no employee would be granted leave during the November to January period of any year as it is our busy season. The employee in question has requested leave for this period in October 2009, as well as November 2009, but the leave was denied. He then still took the leave without approval. What action am I allowed to take also taking into consideration that the employee in question has been with the company for 12 years and had in excess of the 10days owed to him for his annual leave cycle?

Answer:

I would charge him with AWOL (Absence without official leave) & failing to comply with a direct managerial instruction. You could also go with breach of contract. The sanction may be as harsh as your codes allow and linked to consistency for similar offences. It depends what you want to do with the person I.e. Retain or dismiss. Remember you can issue up to a final written warning without a hearing.

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