Dismissal and Absence from Work

Can an employee be dismissed for absenteeism?

Yes, however, an employer can only dismiss the employee concerned if the absenteeism is repeated, the employer has provided the employee with verbal and/or written warnings, afforded the employee the opportunity to improve their attendance record and undertook a disciplinary process in line with the company policies and procedures.

Case law on dismissal and absence from work

A matter recently came before the Labour Court on appeal by an employee, Mr Stephen Redmond, against the decision of the Workplace Relations Commission in his complaint against his former employer, Seetec Employment & Skills Ireland, under the Unfair Dismissals Act. Mr Redmond commenced employment with Seetec on 10 October 2016 and was subsequently dismissed on 17 June 2019.

In summary, Mr Redmond appealed the decision to dismiss him on the basis of repeated absenteeism, on the grounds that the processes and procedures leading to his dismissal were flawed. 

Despite the acceptance by both parties and the Labour Court that the repeated absenteeism of Mr Redmond were not conducive to a positive working relationship, the Labour Court noted that the employer’s practice of issuing repeated final written warnings had the effect of creating uncertainty as to the significance of the disciplinary penalties invoked. 

The Labour Court could find no basis in the written disciplinary policy of the employer for the repeated issuance of overlapping final written warnings to Mr Redmond. 

Disciplinary process and absenteeism

The Labour Court found it self evident that a coherent application of the comprehensive written disciplinary policy of the employer required the execution of the disciplinary steps in the manner described in the policy. Therefore, a strict application of the employer’s own disciplinary policies and procedures was not followed.

That being the case, the Labour Court determined that the amount of redress which was just and equitable, having regard to all of the circumstances of the case, was €5,400.

Dismissal and absence from work – conclusion

The takeaway from this case is that an employer should strictly adhere to their own disciplinary policies and procedures if they intend to evoke same for the repeated absenteeism of an employee.

Further Information

For further information, please contact the author of this article, Barry Crushell.