The Labour Court of Appeal held that an unjustified absence of an employee of 3 working days is not sufficient in order to serve as a ground for a termination for cause. The employer should not assume the employee stayed away from work intentionally and deliberately failed to inform his employer of his absence. The employer should have taken the effort to notify the employee that it registered his non-appearance and provide him with the opportunity to explain his absence. In this case the employee was in hospital due to mental problems. The physician established that over the last couple of weeks the employee was not in control of his full mental capacity and was therefore unable to inform the employer of his absence.