Please kindly advise me on this.I was employed for 4.5 years at a private university as a Tutor. On 4 November 2012 I was put before a disciplinary hearing for incompetence and unauthorized absence from work. The issues discussed were from July and had been discussed with my immediate supervisor and resolved as I presented medical certificates for the two different occasions I had not been at work(one occasion had been for a day and the other one for 2 days). I was issued with a final warning effective 9 months. On the same hearing I raised objections the case had been resolved in September with my Supervisor but this was disregarded. During the hearing witnesses (my students) who I had not been informed about earlier were called. Their testimonies indicated they were happy with my services and they were always aware of my situation the few times I had been 5minutes late for classes. Despite this, I was still compelled to sign a final warning valid for 9 months.
On 25(Friday) July 2014 almost 2 years later, After work in another town (900km away) I went to attend a very close friend's funeral. On arrival I realised that my cellphone was lost. All my contacts of friends and colleagues where thus lost too. The deceased had to be buried in a different country (where I also come from). The situation at the funeral became dire as I was the only close person to the deceased available and capable of taking the deceased for burial.
I made an emotional decision to accompany the corpse to the village (3 days Journey one way) in the other country trusting on the compassion of my employers upon return to work. I had to hike back to work and this took considerably longer and I only came back into the country late Friday 1 August afternoon after having missed 5 working days of work without authorization. On Saturday I replaced my cellphone number and went to a colleague to get my supervisor's number. I called her and she did not answer. I sent her a message asking her to call me which she did not reply. On Sunday I tried again to call but she would not answer. I sent her another message explaining my ordeal to which she replied informing me to report to her office first thing Monday morning. Monday morning I presented myself at 8:00 am. After a short discussion, she handed me a letter of dismissal on grounds of abscondment. The letter indicated that I was away from work for more than 5 days and policy says that in cases where one is "AWOL" for a period exceeding 5 days they are deemed to have been self dismissed. I wrote a letter asking for clemency which was rejected on the basis of abscondment policy and the final warning which was no longer standing. I took the matter for arbitration and am waiting for a hearing. My grounds are that I always intended to come back to work so I did not abscond. I also feel a disciplinary hearing was in order as I was available to receive a disciplinary hearing notice. There was no other communication sent to my known address.
What are my chances of success? Please help.
From Namibia, Windhoek
On 25(Friday) July 2014 almost 2 years later, After work in another town (900km away) I went to attend a very close friend's funeral. On arrival I realised that my cellphone was lost. All my contacts of friends and colleagues where thus lost too. The deceased had to be buried in a different country (where I also come from). The situation at the funeral became dire as I was the only close person to the deceased available and capable of taking the deceased for burial.
I made an emotional decision to accompany the corpse to the village (3 days Journey one way) in the other country trusting on the compassion of my employers upon return to work. I had to hike back to work and this took considerably longer and I only came back into the country late Friday 1 August afternoon after having missed 5 working days of work without authorization. On Saturday I replaced my cellphone number and went to a colleague to get my supervisor's number. I called her and she did not answer. I sent her a message asking her to call me which she did not reply. On Sunday I tried again to call but she would not answer. I sent her another message explaining my ordeal to which she replied informing me to report to her office first thing Monday morning. Monday morning I presented myself at 8:00 am. After a short discussion, she handed me a letter of dismissal on grounds of abscondment. The letter indicated that I was away from work for more than 5 days and policy says that in cases where one is "AWOL" for a period exceeding 5 days they are deemed to have been self dismissed. I wrote a letter asking for clemency which was rejected on the basis of abscondment policy and the final warning which was no longer standing. I took the matter for arbitration and am waiting for a hearing. My grounds are that I always intended to come back to work so I did not abscond. I also feel a disciplinary hearing was in order as I was available to receive a disciplinary hearing notice. There was no other communication sent to my known address.
What are my chances of success? Please help.
From Namibia, Windhoek
Dear friend, Where you were employed? In India or any other country? We need to know that as reply would depend on the labour laws of that country. Thanks, Dinesh Divekar
From India, Bangalore
7879From India, Bangalore
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