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How do you pay a deserting employee?

by , 13 October 2015
So, one of your employees is absent from work and fails to return. What's more is that he fails to contact you as to the reason for his absence. He makes absolutely no effort to let you know what's going on, when and even if he'll return to work.

If this is the case, the chances could very well be that he has deserted his post and left you hanging.

And if this is the case, how would you go about paying an employee who has deserted his post?

Here are three points to keep in mind:

1.      You still have to pay any amounts owing to the employee. This includes his monthly salary as well as any incentives or bonuses he would have received had he been working.

Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
And if you didn't do it fairly, you could have to pay him up to 12 months' salary! Don't let this happen to you…
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2.      You still have to pay any unpaid staf loans, education loans or other company loans or advances made to the employee before desertion, in your calculation. But you can only deduct this if you have his permission, as according to Section 34 of the Basic Conditions of Employment Act.
3.      For any other amounts the employee owes you, you would be required to institute a civil claim to recover these. You CAN'T set these off against the amount you owe the employee.
For any other amounts owing to the employee, it would be better for you to write off the debt in a practical manner. This is because the chances of actually recovering the money aren't very good.
In other words, apart from first having to locate the ex-employee and then laying a civil claim against him, it may not be worth it because of his lack of assets.
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