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The right to dismiss the police who have extended sick leave abroad

The right to dismiss the police who have extended sick leave abroad

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Publish date: 2021-05-17 13:47

Photo: Janeric Henrikson / TT

A police officer claims that he suddenly became incapacitated during a trip abroad – it was extended by one week and he was fired.
According to the labor court, the man’s version appears highly unlikely.
Therefore, the employer has the right to fire him due to illegal absence.

The policeman, who is a member of the Swedish Police Association, was appointed by the Police Authority as an inspector in the Jäfliborg Police District. He was fired from his job on January 29, 2020, after being absent from work from October 28 to November 1, 2019. The two parties dispute whether the dismissal was legally justified and they were unable to agree in the dispute negotiations.

At the beginning of October 2019, the police inspector applied to take leave for the period Wednesday – Friday in the 43rd week and for the 44th week of the same year. The background of the app was that after a short period of thought, he bought himself and his wife a cheap flight to the Seychelles, left on Wednesday 23 October and came home on Monday 4 November 2019.

According to the schedule, it would have been running from October 28 to November 1 and November 4, 2019.

Rejection of the application

The man group manager rejected the leave request for week 44 citing the fact that the leave plan has already been in place and there is no possibility of granting leave based on employee status. However, he was told it would be a good idea to be free at week 43 if he wanted to. Then, on October 10, 2019, the police inspector applied to spend the Wednesday, Thursday and Friday holidays of the 43rd week, which was granted.

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On Monday of the week of 44, October 28, 2019, at 04.17, the police inspector sent a text message to the head of the group containing the following content: “I am sick today and this week.” Monday, November 4, 2019, on 07.28, the inspector called the group manager and told him that he was in Ireland and that he wanted to end his sick leave.

In the first place, the union demanded the labor court to declare the dismissal invalid and to oblige the state to pay him general compensation of 180,000 Swedish kronor.

Poorly measured for 15 years

The union data and information from the inspector and his wife show the following:
The police inspector feels bad for nearly 15 years because of the arbitrary discrimination he has been subjected to, among other things because he did not get jobs within the police he applied for, but he did not report his illness even this week. He and his wife got to buy a cheap vacation trip to Seychelles with departure on Wednesday 23 October and returning home on Monday 4 November 2019.

He asked for time off but didn’t get it for week 44. He saw it as another measure that was targeting him personally and he got upset, but he kept working and tried to take time off that week as well. He applied for the so-called Return Day Reserve Day, which was to be decided on Thursday the 44th week. The evening before the departure day, he and his wife thought about what to do with the amount actually paid. Vacation trip.

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He felt that because of the bad moon it would be difficult, hopelessly, to be able to work the following week and they decided that both of them would be leaving.

‘Not very similar’

He did not take sick leave early in week 43, as he subsequently took time off. On the Saturday of week 43, he felt that he would not be able to work the following week, and on Monday of week 44, he definitely decided to report his illness for the whole of week 44. He felt bad the whole trip, but he could participate in whatever was planned. Activities too if he feels he’s in a bubble.

As for the labor court, it appears that it is “very unlikely” that the police inspector, after 15 years of ill health, will be unable to work for the first time due to ill health during the week in which he was not granted leave. , To be helpless again once the journey is over.

The fact that the man, who previously lacked his own experience of being unable to work due to a bad mood, actually announced Monday at Week 44 that he would be unable to work for all that week, indicates that he has not done thoughtful and sustained work. Estimate his inability to work. The documentation of the two conversations that the police had with him, which he had seen, also indicates that he did not make an actual assessment of his ability to work, but that he considered that he had the right to take sick leave due to his poor condition. The fact that he was able to participate in all of the planned activities during the trip indicates that he was not powerless.

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Unauthorized absence

In a comprehensive evaluation, the Labor Court considers that it has been established that the police officer was not incapable of work due to illness during the relevant week. The reason for his inability to fulfill his duties was that he was not in Sweden.

In short, the labor court found that his unlawful absence was of such a nature that it should be assessed as a gross violation of his obligations to the police authority that there was a legal basis for his dismissal. (Blendo Lexnova)

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