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I have a member of staff who works Tuesdays and Fridays. She called in sick on Tuesday with no mention of being in or not today.

She did not attend work today nor did she call in................is this enough to be gross misconduct therefore can I terminate her employment.

She has been working with me for 9-10 weeks only.

2006-10-20 11:28:59 · 12 answers · asked by Suz 3 in Business & Finance Small Business

12 answers

Sack her anyway! Unreliable ***** is taking the piss!

2006-10-20 11:31:43 · answer #1 · answered by Welshchick 7 · 0 0

It would depend.
Generally Human Resource Managers have made up there minds before actually listening to reason.
First ask her (if she comes back) why she was not in and failed to follow company policy (has she had her induction?) and had the company policies pointed out to her?

She may have a good reason and produce a sick note.

Has an effort being made to contact her, first asking if she is alright, before shouting the odds.

Normally 9 - 10 weeks, the employment agreement can be terminated by "either" party without coarse, but it is polite to give reason.

The only other question is, when she called in sick on tuesday, did anyone ask her when she would expect to be at work?

2006-10-20 18:48:12 · answer #2 · answered by DAVID B 2 · 0 0

Depends on the country you are doing business in. Not sure how being sick is counted as gross misconduct. Also this person is hardly a key play in the organisation if she only works two days.

She already informed you she is sick, she not turn up on her next day of work. If you not verify she is sick on this day and dismiss her you would not have a legal leg to stand on. If this is how you operate your business should be shut down before it goies out of business. You obviously are incompetent at communicating with your staff.

2006-10-20 18:41:54 · answer #3 · answered by rollingergrund 2 · 0 0

Yes, it's deemedas absent without permission, thus gross misconduct, and a firing offence.

However, working for a HR person, no lowerform of rabbit in the work place, maybe she ought to be forgiven for coming in.

2006-10-21 11:53:07 · answer #4 · answered by manforallseasons 4 · 0 0

Is she on an at-will contract? Then absolutely, it is. However, I would check first to be sure there wasn't some kind of emergency. What was her record for the last 9-10 weeks.

2006-10-20 18:37:51 · answer #5 · answered by Ryan 4 · 0 0

Has she been made aware that she has to call in every day she is off sick? What is your own work policy?
If she knows the policy then she will need to have a talking to. You cannot just terminate her employment if she has served her probational period.

2006-10-20 18:39:34 · answer #6 · answered by Anonymous · 0 0

I dont think it is a case of gross misconduct. The most you could give her is a written warning about her behaviour.

2006-10-20 18:37:51 · answer #7 · answered by Super_Star_Shopper 2 · 0 0

how long is her probationary period it usually 6 months
you could probabally look at misconduct - for not calling
if not get her in tell her and warm of what will happen if she does not improve put it in writing tell her you have observed a pattern give her a timescale to improve then you will have the grounds to dismiss

2006-10-20 18:34:23 · answer #8 · answered by SammyD 3 · 0 0

Have you phoned here to find out why(maybe see she's in hospital) think that is a bit harsh without giving a talking to first. talk, verbal waring, written warning...the boot!

It also sounds like you have already made up your mind but you would like someone else to confirm this......maybe you feel guilty about it (looking for reassurance on yahoo?)

2006-10-20 18:45:41 · answer #9 · answered by toto-tot 2 · 0 0

What's your sickness policy, and does she know what it is?

It may be best to take legal advice, i doubt you can dismiss her without issuing a written warning 1st.

2006-10-20 18:33:09 · answer #10 · answered by bambam 5 · 0 0

is she on a trial period,yes
if she next comes in with a doctors note,no

2006-10-20 18:31:57 · answer #11 · answered by artful dodger 3 · 0 0

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