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Post Info TOPIC: Unauthorised absenteeism
Anonymous

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Unauthorised absenteeism
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Hi. I need some advice regarding a con/arb request that was sent to me.

After a weeks leave, our son's nanny did not return to work. She did not notify us, but we phone the day before she was supposed to return. On that date she said that her daughter (35 years old) was sick and she could not return. We gave her an additional two days to sort it out, but still did not return.

After this we telephonically let her know that we will issue a final written warning and we will discuss it when she's back. Another date was set for her return. We also requested proof of the sickness at this stage, none were obtained.

Once again she did not return, we telephonically advised her that she was terminated for unuathorised absenteeism after the hearing which was held on the date she was supposed to return. Other facts are that she had negative 10 days leave for previous times she did not come to work and on not one occasion did she phone us, we had to get hold of her by various means. We also have all the documents although it was not signed by her.

My question is do I settle at con or do I have a strong case at arb. I'm just scared that at arb, they hit me with a huge payment.

Thanks!



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LP

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Your downfall here would be that the hearing was held in her absence. Although this can be justified in certain circumstances, this can be subjective at best. In such circumstances as exist here i would say its 50/50 depending entirely on the comissioner assigned to your case and their attitude towars employers. You will get a good feeling for their attitude at the concilliation. It would be best to make the decision after you have gauged the commissioner and their feeling towards the case.



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