Teacher says her employment automatically ended after an absence for three months without leave
A teacher made an unfair dismissal application alleging she was unfairly dismissed by her employer. The school said the employment ceased by operation of law and that the worker had not been dismissed within the meaning of the relevant Act.
The employer relied on legislation providing that an ongoing employee who is absent from duty for a period of three months, other than on leave granted under the Act, ceases to be an employee in the teaching service.
The worker had been absent from duty without leave, meaning she had been absent from duty for a period of three months, triggering automatic termination under the statute.
The worker's employment was covered by the Education and Training Reform Act 2006 (ETR Act), with its Section 2.4.34 stating that: "An on-going employee who is absent from duty for a period of 3 months...otherwise than on leave granted on this or any other Act ceases to be an employee in the teaching service."
The ETR Act draws a distinction between an employee who has been dismissed, or whose employment has been terminated, by the Secretary (that is, on the employer’s initiative) and an employee whose employment has otherwise ceased
The worker was on approved leave without pay for several years before becoming absent from duty without leave. On this basis, a "stop pay" was applied to the worker's employment...
Your support helps us to tell the story From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financi...