Wrongful termination for unauthorized absenteeism

When an employee gets absent to work without giving any intimation in advance or any information shall be treated as unauthorized absenteeism. Facts behind absent of employee may be genuine like having sudden health issues, any family issues or any family obligations which cannot be skipped. Before taking any decision on unauthorized absenteeism by employee, employer must know the facts or reasons which insisted employee get absent to work. If employee is terminated from job for the reason of unauthorized absenteeism without knowing any facts or reasons behind, shall be treated as wrongful termination.

Termination of employee without giving any chance to him explain or give reasons for his absent to work is against the Principles of Natural Justice. According to principles of natural justice, one should be given opportunity to explain before taking any decision against him. There is a famous principle of natural justice is “Audi alteram partem”- Hear the other party or the rule of fair hearing or the rule that no one should be condemned unheard. According to this principle, before taking any decision against any person, one should have fair hearing and give opportunity to explain in his words, subsequently can come to decision.

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