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You and Your Rights
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You and Your Rights

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Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.

Absenteeism

What can happen if you stay away from work without good reason

If you agree to work for an employer you have a contractual duty to do so - for this is what you are being paid to do. The general principle is 'no work, no pay'. Thus, if you arrive half an hour late, your employer is legally entitled to deduct half an hour's wages from your weekly pay packet. 

In certain circumstances failure or refusal by an employee to work will entitle an employer not only to deduct wages for the entire period of absence but also to dismiss the employee. 

Although repeated absenteeism will justify dismissal, absence from work on an isolated occasion will not usually do so, unless the employee stays away for an extended period or wilfully disobeys an order to report for duty without having good reason.

Case History - The worker who never came back

Bennett was employed by Schneier & London Ltd as a manager in their timber department. He stayed away from work without permission on several occasions and had been warned against absenting himself without leave. One day he went out on company business and failed to return for the rest of the day. He was dismissed.

  • The court decided that the case depended on the circumstances. These were the type of work, the type of business, whether the absence prejudiced the employer and whether the employee had been warned. The court held that Bennett had been justifiably dismissed.

(Schneier & London Ltd v Bennett, 1927)
Disclaimer :: You and Your Rights
Although we have gone to great lengths to ensure the accuracy of the information contained in this database, it is important to remember that laws, government departments, interest and taxation rates are constantly changing. If you have a particularly difficult problem you are advised to consult a qualified legal authority. The publishers, editors and their representatives cannot accept responsibility for any act or omission arising from consulting the information contained herein.
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General Disclaimer: The content of Legal City does not constitute legal, tax or financial advice, nor does it necessarily reflect the views of our management, staff, shareholders, associates, contributors, authors or suppliers. Even though every endeavour has been made to ensure the accuracy of this information we cannot be held responsible for any errors and/or omissions. By using this web site you agree to accept and abide by our terms and conditions.
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