Leaving students unattended is a serious violation that can be grounds for dismissal for absenteeism – Supreme Court
The Civil Cassation Court of the Supreme Court, in its ruling in case No. 398/3043/23, formed an important legal position regarding the responsibility of teaching staff for leaving students unattended without permission. The Labor and Employment Inspection of the Dnipro City Council prepared an analysis of the ruling.
Essence of the dispute
A physical education teacher appealed his dismissal under paragraph 4 of part one of article 40 of the Labor Code of Ukraine (absenteeism without valid reasons). He insisted that his absence from work lasted less than three hours and therefore could not be considered absenteeism.
However, the Supreme Court agreed with the conclusions of the appellate court and noted that in this case, the decisive factor is not only the duration of the employee's absence but also the content and nature of the violation of labor duties.
What did the Supreme Court emphasize?
The court established that the teaching staff member:
- did not conduct the planned lessons;
- left students unattended without permission;
- did not perform his direct labor duties;
- did not obtain employer approval for the absence;
- did not formalize his absence in the prescribed manner (vacation, day off, exemption from work, etc.).
The Inspection emphasizes that the Court's conclusion that the teacher's absence during lessons creates a threat to the life and health of children, disrupts discipline and the safety of the educational process, and therefore constitutes a serious violation of the duties of a teaching staff member is especially important.
As noted by the Inspection, leaving students unattended by the teacher without permission and not conducting planned lessons is considered absenteeism without valid reasons regardless of the fact that the duration of such absence was less than three hours, as this is a serious violation of the duties of a teaching staff member and creates a threat to the life and health of children.
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