HomeHome SearchSearch MenuMenu Our productsOur products

Six warnings you must keep in mind BEFORE dealing with desertion

by , 08 September 2015
Desertion is when an employee is absent from work or he fails to return to work after an authorised period.

He doesn't call or leave a message explaining his absence, or even if he's going to be returning to work.

This could potentially cause major headaches for you as an employer trying to ensure your business is running as smoothly as possible - with your employees attending work and communicating with you if they can't.

But should desertion arise as a possibility in your company, you need to keep these six warnings in mind BEFORE dealing with it:

1. Courts will only accept absence without permission as genuine desertion if you accept the employee's decision to terminate the contract. But if he comes back, you should give him a chance to explain his absence before dismissal.

2. An employee can't dismiss himself. Only you can, when accepting that the employee has deserted you and that you've decided to dismiss him for doing so.

3. Even if an employee has deserted you and breached the contract, you MUST still give him a chance to state his case and give his story before dismissing him. 
 
*****Advertisement*****

The perfect tool to make your labour issues easy!

You've got more important things to do than draw up a warning letter or simple contract from scratch. You need it done for you. And we've done just that. 

With the A-Z of Master Forms and Templates you have all the information you'll ever need for labour, human resources and health and safety right at your fingertips.

We've combined years of research by South Africa's top labour, HR and health and safety experts to give you a complete list of all the forms and templates you'll ever need.
 
**********************

4. You can't force a deserting employee to return to work.

5. Even if an employee has deserted you, you need to still make a genuine effort to get in contact with him.

6. If an employee has deserted you, you must send a letter to his physical address (that you have on record) stating  he must return to work or face dismissal.

There are six warnings to keep in mind BEFORE dealing with desertion. 

To learn more, click below… 
 
*****Advertisement*****

Protect yourself from labour-related problems by using this practical tool

The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:

Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals and warning letters, etc;
Numerous practical checklists; and
Much more…
 
**********************
 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>