When applying any disciplinary sanction, the employer must take into account all the circumstances of the employee's misconduct, including the consequences that it entailed. Only an objectively correct decision of the employer will not be canceled by the court in the event of a complaint filed by the employee.
So, the employer must analyze the employee's attitude to his labor duties earlier, whether he committed disciplinary offenses before, what negative consequences have arisen for the employer due to the absence of the employee. Often, the courts decide on the reinstatement of employees who were dismissed for absenteeism and who committed a disciplinary offense for the first time.
There are situations when an employee unauthorizedly uses the day off due to a child's illness, which can also be regarded by the court as a mitigating circumstance and reinstated at work. The absence of adverse consequences for the employer, no violation of the enterprise's labor regime due to the fact that the employee did not go to work, also speaks of the insignificant severity of the misconduct.
In May 2015, one of the regional courts issued an appeal ruling declaring the dismissal unlawful due to the fact that the employer did not take into account the severity of the misconduct and the circumstances under which it was committed, namely, the fact that, in conditions of delayed payment of wages, the employee I wrote an application for a vacation "at my own expense" in order to earn some money elsewhere.
Thus, when challenging dismissal for absenteeism, the employee can be reinstated at work if he proves the existence of mitigating life circumstances of a committed violation of labor discipline.
