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What are my rights? - Non-unionized - Just Termination - Absenteeism and lateness

 

There are two aspects of absenteeism and lateness that require analysis before a determination can be made as to the entitlement to terminate an employee for just cause:

1. Frequency
If the absenteeism or lateness is excessively frequent, in extreme cases this will entitle the employer to terminate for just cause.

2. Significance of the Absenteeism
In addition, if the employee is absent at a time when the employee's presence is particularly vital to the operations of the employer, this may form a basis to terminate for just cause.

There are also times when the absenteeism assumes the form of defiance of direct orders of a superior, amounting to Insubordination.

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