Yes, absenteeism can lead to loss of employment

Claris Ogangah

An employment contract is a binding agreement between an employer and an employee, where both parties are supposed to comply with its terms and conditions.

Your father was employed for more than 15 years and having worked with the Government, he must have had a letter of employment that outlined the terms and conditions of his employment.

You have indicated your father took a two-week leave and never went back to work.

A deserter

Your father may be deemed to have absented himself from work without leave, and as such can be treated as a deserter. A deserter is someone who quits employment without permission. An employee is considered to have deserted employment if he or she abandons and forsakes employment without justification, therefore renouncing its responsibilities and evading duties.

Having deserted his employment, the employer is entitled to dismiss your father summarily.

Section 44 sub-sections 3 of the Employment Act provide instances on when one can be summarily dismissed.

It says: ‘Subject to the provisions of this Act, an employer may dismiss an employee summarily when the employee has by his conduct indicated that he has fundamentally breached his obligations arising out of a contract of employment.’

Gross misconduct

The section proceeds to give instances of gross misconduct that may lead to summary dismissal. Section 44 sub-section 4 (a) provides that if without leave or other lawful cause an employee absents himself from work or from a place appointed for the performance of his work, then he or she may be summarily dismissed.

Once one is summarily dismissed, he or she loses all the benefits that had been accrued from the time of employment.

Upon summary dismissal, an employee is only entitled to accrued leave days and salary for the days worked before the employment was terminated. It is possible that when your father failed to return to work he was treated as a deserter and was hence summarily dismissed.

It would be good for your father to explain to the employer his reasons for not returning to work so that the employer can consider paying him his dues. However, if his reasons are not genuine, then he will lose the said dues.

It is important for employees to note that absenting oneself from work is a serious offence that can result in loss of employment.

For those who have formed a habit of doing this, note that if caught, not even the Employment Act or the Industrial Court will assist you once your services are terminated.