Background:
On insubordination, in the case of Kodi v Safarilink Limited, the Claimant was accused of failing to report to work when her presence was required due to increased workload caused by the COVID-19 pandemic.
Despite initially agreeing to come in, she ultimately did not report to duty and failed to communicate her absence.
In her response, the Claimant stated that she was called in on a weekend, which was her scheduled off-duty period.
She admitted to being aware of the need to report but chose not to do so as she was intoxicated and wanted to avoid violating the Respondent’s policy against intoxication.
Analysis:
The court noted that off days are mutually agreed periods when an employee is not expected at work. If an employee is asked to work on an off day but has prior commitments, communicating this is necessary so that alternative arrangements can be made.
Court's Holding:
In this case, the court held that, although the Claimant could not be faulted for beginning her weekend early, she should have confirmed her unavailability when asked to report. Once she agreed to come in, the argument of being off-duty was no longer valid.
Full case available Here
