Court Upholds TSC Dismissal of Teacher Who Missed Work for 15 Days to Care for Sick Father
The Employment and Labour Relations Court has upheld the decision by the Teachers Service Commission (TSC) to dismiss a teacher who was absent from duty for 15 days while caring for his seriously ill father.
The Employment and Labour Relations Court has upheld the decision by the Teachers Service Commission (TSC) to dismiss a teacher who was absent from duty for 15 days while caring for his seriously ill father.
The teacher, Cleophas Ngeywa, challenged his dismissal after the commission terminated his employment, bringing to an end a teaching career that had lasted about 25 years.
Ngeywa told the court that his absence was triggered by the deteriorating health of his father, whom he had travelled to assist during the difficult period. He argued that the circumstances surrounding his absence were beyond his control and that he had acted out of concern for his sick parent.
The dispute, however, centred on whether the teacher had followed the required procedures before staying away from his workplace for the extended period.
The TSC maintained that Ngeywa had been absent from duty without obtaining the necessary authorisation. The commission treated the 15-day absence as a disciplinary matter and proceeded with the process that eventually resulted in his dismissal.
Ngeywa disagreed with the decision and moved to court, seeking intervention against the termination of his employment. His case placed before the court the difficult balance between an employee‘s family responsibilities and the obligation to comply with established workplace rules.
In its determination, the court declined to overturn the TSC’s decision. The judge found that the commission was entitled to take disciplinary action after the teacher failed to comply with the procedures governing absence from duty.
The court’s decision means that Ngeywa’s dismissal remains in force despite his explanation that he had been attending to his sick father.
The case underscores the importance of employees, particularly those serving in public institutions, obtaining the appropriate approval when circumstances require them to be away from work for an extended period.
While emergencies and family responsibilities may arise unexpectedly, employees are generally expected to communicate with their employers and seek the necessary permission where possible.
For teachers employed by the TSC, absence from duty without proper authorisation can expose them to disciplinary proceedings, depending on the circumstances of each case.
Ngeywa’s case also highlights the challenges workers can face when personal obligations collide with workplace requirements. His decision to spend 15 days caring for his father ultimately had serious professional consequences, ending a quarter-century career in the teaching profession.
The ruling serves as a reminder to public sector employees that personal emergencies do not automatically remove the obligation to follow established administrative procedures.
