UNAUTHORISED ABSENCE - HOW EMPLOYERS & MANAGERS SHOULD HANDLE THIS FORM OF MISCONDUCT

Unauthorised absence occurs when an employee fails to report for duty without permission or without valid reasons, thereby breaching their employment contract. This is distinct from abscondment (where the employee is absent for a prolonged period without communication) and desertion (where the employee does not intend to return to work).

Legal and Contractual Duties

Employers and employees each have clear legal expectations:

• Employees are contractually obliged to render services during agreed hours/days and to notify the employer of absence for any legitimate reason as soon as possible.

• Employers must act reasonably and fairly, from record-keeping to the handling of absence incidents.

Steps Employers Should Take

1. Record-Keeping

Accurately record all instances of absence: with/without authority, with/without pay, and with/without a medical, death, or birth certificate. Good records are essential for spotting patterns of absenteeism and for performance reviews.

2. Immediate Response

On discovering an unauthorised absence:

• Attempt to contact the employee.

• Allow the employee the opportunity to justify their absence.

• Employers should not immediately assume the worst—context matters, and emergencies do happen.

3. Follow Company Policy

Insist on written explanations and medical/death/birth certificates where necessary. Each incident must be managed in accordance with the company's disciplinary code, including holding a short consultation with the returned employee to document and discuss the reason for their absence.

4. Disciplinary Action

If the absence is unjustified, employers should escalate sanctions progressively, starting with a written warning, and in cases of repeated or serious absence, proceeding to a final written warning or possible dismissal for misconduct. Severity may escalate if the employee does not notify the employer or if absence follows a denied leave request.

5. Fairness and Consistency

Employers must ensure consistency in discipline and fairness in evaluating the employee’s reasons—especially if other staff with similar circumstances made efforts to come to work. Disciplinary hearings are necessary before severe action like dismissal, in line with fair labour practices.

The National Bargaining Council for the Hairdressing, Cosmetology, Beauty, and Skincare Industry (HCSBC) promotes collective standards. Employers in this sector should align absence procedures with collective agreements and ensure prompt, fair dispute resolution.

Employers should:

• Conduct timely investigations into incidents of unauthorised absence.

• Apply disciplinary measures consistently, whether warnings, suspensions, or dismissals, based on the unique circumstances of each case.

• Ensure procedural fairness throughout disciplinary proceedings, with thorough documentation at every stage to safeguard the rights of both employer and employee.

Always adopt a measured, fair, and documented approach to unauthorised absence.

• Keep comprehensive records and follow your internal disciplinary procedures.

• Consistency, compassion (when justified), and adherence to collective agreements and the Labour Relations Act are crucial.

Effectively managing unauthorised absence requires a careful balance between upholding contractual and legal obligations, maintaining operational efficiency, and treating employees fairly. By keeping accurate records, responding promptly, applying consistent disciplinary measures, and aligning procedures with company policies and collective agreements, employers can address absence issues without compromising fairness or legal compliance. Ultimately, a structured, transparent, and compassionate approach not only protects the employer’s interests but also fosters a culture of accountability, trust, and mutual respect in the workplace.