Add Comment Question: is absenteeism due to mental health a misconduct or fireable offence? Answer: No that is most likely a wrongful dismissal and human rights violation, depending on the circumstances. I would encourage you to give us a call at the number below to discuss your situation with one of our lawyers. We would be happy to advise you on your rights and help in any way we can. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.