Request for Advice on Employment Dismissal Case
I was employed for 4.5 years at a private university as a Tutor. On 4 November 2012, I was subjected to a disciplinary hearing for incompetence and unauthorized absence from work. The issues discussed were from July and had already been addressed with my immediate supervisor. I presented medical certificates for the two occasions I was absent (one day and two days, respectively). Despite resolving these issues in September with my supervisor, I was issued a final warning effective for 9 months. During the hearing, witnesses (my students) were called without prior notice. Their testimonies indicated they were satisfied with my services and aware of my situation when I was occasionally 5 minutes late for classes. Nevertheless, I was compelled to sign a final warning valid for 9 months.
On 25 July 2014, almost two years later, I traveled to another town (900 km away) after work to attend a close friend's funeral. Upon arrival, I discovered my cellphone was lost, along with all my contacts. The deceased was to be buried in a different country, where I am also from. The situation became dire as I was the only close person available to take the deceased for burial.
I made an emotional decision to accompany the body to the village (a three-day journey one way) in the other country, trusting in my employers' compassion upon my return. The journey back took longer than expected, and I returned to the country late on Friday, 1 August, after missing five working days without authorization. On Saturday, I replaced my cellphone number and obtained my supervisor's number from a colleague. I called her, but she did not answer. I sent a message asking her to call me, but there was no reply. On Sunday, I tried again to call, but she did not answer. I sent another message explaining my ordeal, to which she replied, instructing me to report to her office first thing Monday morning.
On Monday morning, I presented myself at 8:00 am. After a brief discussion, she handed me a letter of dismissal on grounds of abscondment. The letter stated that I was away from work for more than five days, and the policy deems anyone "AWOL" for a period exceeding five days as self-dismissed. I wrote a letter asking for clemency, which was rejected based on the abscondment policy and the final warning, which was no longer in effect. I have taken the matter to arbitration and am awaiting a hearing. My argument is that I always intended to return to work, so I did not abscond. I also believe a disciplinary hearing was warranted as I was available to receive a notice. No other communication was sent to my known address.
What are my chances of success? Please help.
Regards
From Namibia, Windhoek
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I was employed for 4.5 years at a private university as a Tutor. On 4 November 2012, I was subjected to a disciplinary hearing for incompetence and unauthorized absence from work. The issues discussed were from July and had already been addressed with my immediate supervisor. I presented medical certificates for the two occasions I was absent (one day and two days, respectively). Despite resolving these issues in September with my supervisor, I was issued a final warning effective for 9 months. During the hearing, witnesses (my students) were called without prior notice. Their testimonies indicated they were satisfied with my services and aware of my situation when I was occasionally 5 minutes late for classes. Nevertheless, I was compelled to sign a final warning valid for 9 months.
On 25 July 2014, almost two years later, I traveled to another town (900 km away) after work to attend a close friend's funeral. Upon arrival, I discovered my cellphone was lost, along with all my contacts. The deceased was to be buried in a different country, where I am also from. The situation became dire as I was the only close person available to take the deceased for burial.
I made an emotional decision to accompany the body to the village (a three-day journey one way) in the other country, trusting in my employers' compassion upon my return. The journey back took longer than expected, and I returned to the country late on Friday, 1 August, after missing five working days without authorization. On Saturday, I replaced my cellphone number and obtained my supervisor's number from a colleague. I called her, but she did not answer. I sent a message asking her to call me, but there was no reply. On Sunday, I tried again to call, but she did not answer. I sent another message explaining my ordeal, to which she replied, instructing me to report to her office first thing Monday morning.
On Monday morning, I presented myself at 8:00 am. After a brief discussion, she handed me a letter of dismissal on grounds of abscondment. The letter stated that I was away from work for more than five days, and the policy deems anyone "AWOL" for a period exceeding five days as self-dismissed. I wrote a letter asking for clemency, which was rejected based on the abscondment policy and the final warning, which was no longer in effect. I have taken the matter to arbitration and am awaiting a hearing. My argument is that I always intended to return to work, so I did not abscond. I also believe a disciplinary hearing was warranted as I was available to receive a notice. No other communication was sent to my known address.
What are my chances of success? Please help.
Regards
From Namibia, Windhoek
Acknowledge(0)Amend(0)
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