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Dismissal for absenteeism

This type of investigation aims to gather certain and irrefutable evidence, allowing an objective demonstration of the unjustified absence of the worker. Absenteeism at work involves the violation of the duties of loyalty, good faith and fairness inherent in the employment relationship; a violation that can be sanctioned with recourse to dismissal for just cause.

The service is required to identify the behaviour of employees who habitually, or in any case frequently, leave the workplace for a period of several days, of their own free will and in an unjustified manner.

In the face of prolonged absence by the worker, it is necessary to check whether or not there is a justification and assess whether the absentee person has behaved in such a serious way as to constitute a just cause for dismissal. In order to carry out such checks, case-law is constantly oriented towards confirming the legitimacy of company investigations. The law provides that the burden of proof is on the employer. It is not sufficient to prove that the employee was absent for a certain number of days, it must be demonstrated that the absences were unjustified and that the employee's conduct was such as to damage the fiduciary relationship with the employer. This is the only way to dismiss people for absenteeism from work.

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