Posted by
dannyboy77
16 yrs ago
Hi,
One of the guys working for me has decided they’re not coming into work for the next two weeks (there is a very weak excuse for not coming in). This person is continually taking unauthorized leave and this is the final straw.
They are still on probation and I am going to terminate their employment because of this (several warnings about unauthorized leave have been made). As they will not be coming into work for the next two weeks do I have to pay them the weeks’ notice? By not showing up for work can I claim they’re resigning?
Thanks for your help
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If your staff is on probation you should have 7 days termination notice, right? So terminate him today, pay him another 7 days and then you are fine.
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Normally I wouldn't mind paying notice but this guys is just going off without warning and totally screwing us in terms of staffing. By not showing up for work are they not resigning (in which case they should work out a weeks notice or pay a week in liu)?
I really don't like the idea of paying someone for causing so much trouble
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but they leave with a reason! if the reason is fine (based on your company policy) then nothing you can do. if your company doesnt have a policy, then you are screwed. if you have a policy and he is violating it, then you could dismiss him instantly.
the one thing you cannot argue for is that by not showing up, he resigned. i don't think that will hold
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They are breaking a company policy which is clearly set in our company handbook. I think as an employer you are supposed to give notice or pay in lieu of notice.
If I gave notice and he didn't show up for the weeks work, would be within my rights not to pay him?
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Dannyboy, what is the reason he has given you for not coming in to work? You've just said that he's told you he's not coming in to work. Is he sick? By law, you're not allowed to terminate someone if they're on sick leave. If he's on annual leave, presumably you would have had to have approved his annual leave. If he's just not turning up because he does not feel like coming to work, and in view of the fact that you've already given him warning letters which he's ignored. I suggest you contact him, tell him that he's required to attend work. Tell him that if he does not attend work, he will be terminated for breaching his contract of employment and he will owe you 7 days' pay.
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The reason given is a sick grandmother. My company policy is 3 days compassionate leave for direct relatives who die. I'm not heartless but this doesn't ring true and requiring 2-3 weeks off is impossible for us to deal with.
I think you're probably right Shoe Girl. I might give the labour dept a quick call to confirm
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Labour Dept were very helpful when we had a dispute over the 13th month pay- we had to fax a copy of the contract & they gave us their verdict very quickly.
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