Disciplinary Action for Habitual Absenteeism: Legal Standards and Employee Defences

Published:

Habitual absenteeism – repeated, unauthorised absence from work – disrupts operations and burdens colleagues. Employers are allowed to treat it as misconduct and start disciplinary action, but they must still follow fair procedures.

Typically, the process includes:

  • Issuing show-cause notices or charge-sheets describing periods of absence,
  • Giving the employee a chance to explain – illness, family emergencies, workplace harassment, etc.,
  • Holding an enquiry if required, with an opportunity to present evidence and cross-examine witnesses,
  • Passing a reasoned order and proportionate penalty.

For employees, genuine medical issues supported by certificates, or proof of hostile conditions, can be important defences. Sudden disappearance without communication is hard to justify, but consistent, documented attempts to inform the employer strengthen your case.

Courts and labour tribunals do not like arbitrary, harsh punishment where past record is clean or the employer ignored genuine explanations. At the same time, they also don’t support employees who treat jobs as optional.

Communication is key: if you’re in trouble, talk early and in writing, don’t wait till termination.

Related articles

Recent articles