Employee Absenteeism – What can Employers do?

By Jaime Lomas – Director and Specialist Employment Lawyer, DTI Lawyers

attending work. While an employer may wish to provide some flexibility depending on the reasons for this, setting out in writing clear expectations regarding the requirement to attend work during the employee’s contractual hours is important. As is setting out the potential consequences (such as possible disciplinary action) if this requirement is not complied with.

Abandonment

There are a few options for dealing with employee absences depending on what the reason is for the absence and whether it is genuine.

Sick Leave

The Chronicle caught up with local Mike Haugh who has started to showcase his functional log art.

How would you describe your creations?

Chunky, live edge, hard wearing, long lasting. Have you always had an interest in working with wood? When did you start creating functional log pieces?

Late teens I guess, a building apprenticeship came up and I was in, and started from there in the mid 80s.

What benefit do you get from being creative?

It keeps me active and about, seeing the joy on people’s faces when they see the art keeps me going in a lot of ways.

Can you do custom pieces for those that request it?

Absolutely. I love the idea of someone telling me what they are thinking to a degree, and tying it all together in the piece; consultations free with a coffee.

Your daughter Summer is obviously a great supporter by helping you to put the word out. How do people get in touch ?

Cell Phone 021 1413 325 or emailfuntional.log.art@gmail.com or check out my facebook page - functional log art.

Employees are entitled to 10 days of sick leave per year, which can be used for either themselves or a dependent. For employees with excessive sick leave it is critical that employers keep track of this and request medical certificates for absences of three days or more. A medical certificate can be requested earlier if there are good reasons to suspect the sick leave is not genuine and the employer covers the costs of getting certificate.

If sick leave is genuine and supported by medical certificates, but an employee is unable to return to work for an extended period due to illness or injury, there is the possibility of ending their employment due to medical incapacity. However, care must be taken when following such a process and we strongly recommend seeking legal advice first.

Personal Circumstances

Sometimes an employee’s personal circumstances may prevent them from

Abandonment is when an employee does not attend work and fails to communicate with the employer. Most employment agreements will set out how many days must be pass before an employer can rely on abandonment. Commonly this is between 2 to 3 days. It is critical that an employer is this situation makes attempts to contact the employee to find out why they are not at work. Employers should first seek legal advice before confirming abandonment to ensure legal obligations have been met.

Unauthorised Leave

Any request an employee makes for annual leave must be agreed to by their employer. If there are operational or other reasons why leave cannot be accommodated at the time requested, leave requests may be reasonably declined. When employees take leave without authorisation, this could justify commencing a disciplinary process.

The specialist employment law team at DTI Lawyers can assist businesses in relation to all employment matters, including advice on employee absences and the options employers can follow for addressing this issue. For any further information on employment law queries, please contact Jaime Lomas –jaime@dtilawyers.co.nz

KNOW YOUR LAWYER —

Jaime Lomas is a Director at DTI Lawyers, and alongside Andrea Twaddle, heads the Employment Law Team. Jaime has extensive experience in employment law and dispute resolution. She takes a pragmatic and practical approach to achieve commercial and workable solutions for her clients. She is committed to understanding the issues her clients face and the impact on their businesses or on them personally. Her working philosophy is that obtaining a better understanding of her clients’ needs is key to give them tailored advice to enable them to achieve their goals and objectives. With both a specialist Employment Team and a Commercial/Property Team, Jaime and the team at DTI are well placed to meet your legal needs and look forward to working with you.

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WAITETUNA 881b Old Mountain Road

Spectacular Lifestyle pggwre.co.nz/HAM37379

Lifestyle properties of this quality don't come along everyday. This modern, comfortable family home had a lot of thought go into it - the layout works exceptionally well with multiple inside and outside areas to enjoy time alone or with family and guests.

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4 2 2

$1.45M

GST Inclusive

VIEW 1.30-2.15pm, Sunday 26 February

Richard Thomson

M 027 294 8625

E richard.thomson@pggwrightson.co.nz

RAGLAN 214 Cogswell Road

Dream Spot pggwre.co.nz/HAM37350

If privacy, quiet, bush, birdlife and streams make your heart sing then look no further. This 8,352m2 (more or less) property conveniently located on a quiet no-exit road midway between Hamilton and Raglan has a very special feel about it. The property features a well cared for three bedroom 1950's home with native flooring. Recently added has been insulation to walls, double glazing and a very generous deck to enjoy the outdoor space.

A lot of native planting on the banks of the beautiful stream will be very attractive in the years to come.

3 1 1

$895,000

GST Inclusive

VIEW By Appointment Only

Richard Thomson

M 027 294 8625

E richard.thomson@pggwrightson.co.nz

RAGLAN

Sitting Pretty pggwre.co.nz/HAM36949

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5 2 1

$1.85M

GST Inclusive

VIEW By Appointment Only

Richard Thomson

M 027 294 8625

E richard.thomson@pggwrightson.co.nz

WAITETUNA 211 Waitetuna Valley Road

Productive Blank Canvas pggwre.co.nz/HAM37326

Here's an opportunity often sought, seldom found. 211 Waitetuna Valley Road features 15.6ha of bare land with two entrances, a long road front and an equally long boundary being the Waitetuna river. This is an attractive property with the land being 80% flat to gentle rolling with a steeper sidelings. This has created fantastic elevation with several amazing potential building sites.

DEADLINE PRIVATE TREATY Plus GST (if any)

(Unless Sold Prior)

Closes 4.00pm, Tuesday 28 February

VIEW By Appointment Only

Richard Thomson

M 027 294 8625

E richard.thomson@pggwrightson.co.nz

RAGLAN 21 Cliff Street

Pristine Position pggwre.co.nz/HAM36999

This may be the best positioned waterfront property in Raglan. The full size 1062m2 section lies beautifully, allowing options for all day sun, shade or shelter. Large outdoor living area on either side of this four bedroom, two bathroom home make this property perfect for entertaining or enjoying quiet moments. The property has a great shed with room for vehicles, boats or a workshop.

4 2 4

$2.85M

GST Inclusive

VIEW By Appointment Only

Richard Thomson

M 027 294 8625

E richard.thomson@pggwrightson.co.nz

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Great views, elevation and a sunny lifestyle on an approximately 2.41ha (more or less) section imbued with nature await you here, up a quiet lane mere minutes (3km) from the Waitetuna community. The 302m2 modern, open plan home has strong architectural lines, making a statement with its full height windows and sunken living areas at the heart of the home.

4 2 2

$1.65M

GST Inclusive

VIEW By Appointment Only

Richard Thomson

M 027 294 8625

E richard.thomson@pggwrightson.co.nz