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Absenteeism is defined as a pattern of missing work in which an employee is habitually and frequently absent from work. At some point, everyone takes a sick day or a vacation day from work. Being absent usually stems from legitimate personal and medical issues. But when the absences become chronic, absenteeism can disrupt the workplace and put a big dent into productivity. The task of correcting repeated absences then falls upon management. In most cases, company policies on missing work can be found in the employee handbook. While all employees usually have access to this information, it's prudent to deal with absenteeism by the book and first remind employees they are in violation of company policy.

In a contract of employment, the fundamental obligation of an employee is to provide that service he has so contracted to provide. If for any reasons he cannot provide that service or if for any reason he cannot perform his obligation in the future, is an employer obliged to continue the said employee in service for an indefinite period? What is expected of an employer in deciding on issues relating to absence from work?

Harianto Effendy & Ors v Mahkamah Perusahaan & Anor [2014] 8 CLJ 821

In dealing with absenteeism at the work place the Federal Court stated as follows:

“Hence, employers who are from time to time called upon to decide on issues of absenteeism at the workplace are judges of fact and of law when discharging this duty. It is therefore incumbent for employers to be unbiased and objective when discharging this duty. Employers are also respectfully advised to dispense justice not only according to the law but in accordance with equity and good conscience , principles which the industrial court will ultimately apply to test the fairness of a dismissal” 

 

Disediakan oleh :
Jabatan Perhubungan
Perusahaan Sarawak

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