Recent case law reveals that an employer is within their rights to terminate a contract of employment if an employee is away from work for a certain length of time.
Recent cases show an increase in employee absenteeism leading to workers being fired for desertion, notes data analytics firm LexisNexis South Africa.
According to Pashiou, desertion is when an employee is absent from the workplace without the intention to return back to work, whereas extended absenteeism is when an employee is absent from the workplace for an extended period of time but still has the intention to return to the workplace. “South African labour law does not necessarily place a time period on how long an employee must be absent in order for such absenteeism to be labelled “desertion”.”may not be less than five working daysSouth African Broadcasting Corporation V Commission for Conciliation, Mediation & Arbitration & Others
A meeting took place between the employee and management on 26 November 1997. The employee was orally instructed to resume work. The employee was of the view that in terms of his reinstatement, he was entitled to wait for a written instruction to resume work before doing so, and therefore he did not return to work.He was finally given an ultimatum that he would be regarded as having absconded if he did not return to work on 5 December.
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