Page 314 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

without protest, or in the case of a non-serious misconduct which the employer has
already issued a warning letter but later the employer has overlooked that misconduct.

In which both cases, it assumes that the employer has a behavior showing that having
already forgiven the employee or not. Another case study scenario, is related to

international labour standards in dealing with drug problems in the workplace. It must
be analyzed as a result of when the employer knows the employee’s drug-related
misconduct, but the employer does not immediately dismiss the employee and sends

the employee to participate in drug rehabilitation programe with government agencies.

For Thailand, although the concept, theory of employer condonation has not yet
been specifically enacted by law in writing, but from the standard of judgement in many
Supreme Court’s rulings in the past, it has been found that there have been comparable

rulings of the Supreme Court that the acceptance of this theory is acceptable.
Keywords: Employer Condonation/Condonation/Employee’s Misconduct/

Overlook the Fault

312