By Cheralco Worship 

Labour Law

Introduction  

Over the last few years, there have been many cases in South Africa regarding companies dealing with a substantial amount of employees “ghosting” their workplace through prolonged absenteeism. In these cases, a distinction is drawn between desertion and extended absenteeism, and the correct way for employers to deal with this issue is established.  

What Is Employee Desertion? 

Desertion refers to instances when an employee is absent from work for a prolonged period, and it is evident that he or she does not intend to continue with the employment or return to work. It is essential, however, to distinguish these instances from that of extended absenteeism, which is when an employee still fully intends to work.  

What Is The Time Period  Before It Can Be Considered Desertion? 

Although a specified time period has not been established in South African Labour Law after which an employer can suspect that an employee no longer has the intention to return to work, the Commission for Conciliation, Mediation and Arbitration (“the CCMA”) has recommended, and it has become generally accepted that it should not be less than 5 (five) days.  

Due to the nature of an employment relationship, the employee has an obligation to inform the employer why they were or are not present at work. For example, the employee could be faced with a family emergency or have fallen ill. In the instances where the employer does not receive such notification for 5 (five) days, for example, the employer is then obligated to attempt to make contact with the employee or their next of kin to establish the employee’s whereabouts.  

The Established Protocol 

There are many ways in which an employer can attempt to contact and locate an employee, which is by calling, text messaging, emailing or even sending correspondence through registered post. Through these mediums, the employee is notified that they are to report to work within a specified period of time or by a specified date.  

In the circumstances where the employer cannot determine the employees whereabouts, the employee has failed to make contact with the employer, provided valid reasons for being absent and fails to return to work as prescribed in the correspondence; the employee can be regarded as having deserted the workplace. If an employee has deserted the workplace, in recent cases, an employer can terminate an employee’s employment contract through repudiation. 

Conclusion  

Suppose you own a business and you are faced with the problem of employee desertion. In that case, it is of utmost importance that you know your obligations as an employer, the processes to adequately deal with an employee deserting the workplace, and the applicable legal principles.  

Contact an attorney at SchoemanLaw for your legal needs by visiting our website at www.schoemanlaw.co.za

Cheralco Worship | SchoemanLaw Inc

Labour and Employment Law

www.schoemanlaw.co.za