Failure to promptly report an absence may be grounds for a disciplinary dismissal
The Szczecin District Court found that, despite the justified nature of an employee’s absence, failure to inform the employer promptly of the absence was a legitimate reason for terminating the employee’s employment without notice following his return from sick leave.
The case concerned a construction worker who, due to a pain in his foot, was unable to carry out previously scheduled work on a breakwater. Due to the specific nature of the work, the employer had to obtain special permits for each worker in advance, which had to be preceded by appropriate training. The employee failed to show up at work that day and did not get in touch with the employer, despite being able to do so. The employer learned of the worker’s absence from his mother.
As a result, the Court found that the employee’s conduct had constituted gross negligence which put the employer at a risk of loss. Therefore, it dismissed the employee’s claim for compensation for wrongful termination on grounds that it was unfounded.