- Revealed: How the CCMA deals with abscondment and how this affects you
- Abscondment is all too common in the workplace. For instance, an employee goes on leave or even lunch and doesn't come back to work. And you even get the impression he doesn't intend to return. But don't be fooled. It's not that easy to deal with abscondment. One wrong move could land you at the CCMA. Make sure you're on the right side of labour law. Read on to discover how the CCMA has dealt with... ››› more
- [25 October 2016]
- 6 Actions to follow when dealing with an absconded employee
- Has one of your employees absconded?
If so, then there are 6 important actions you must take in dealing with it correctly. If you don't, you could be sitting with a bad case of unfair dismissal.
They are as follows...
What can you do when you think your employee's gone AWOL?
Your employee hasn't shown up for work all week. And you have no idea if he's ever coming b... ››› more
- [25 February 2016]
- Know these 3 abscondment cases BEFORE dismissing and avoid an unfair dismissal
- So, one of your employees hasn't come to work for a week. She hasn't contacted you, and you can't even get hold of her.
All in all, you have no idea what's happening with her, and are uncertain if she'll even come back to work.
What do you do now?
Well, before taking any hasty actions, take note of what happened, in the following 3 cases, with regard to abscondment, and see what you can l... ››› more
- [04 February 2016]
- Eight steps to follow when dealing with abscondment
- If an employee stays away from work for a while, you can't simply assume he isn't coming back.
There's a process to follow. And if you don't do it right, the employee could see you at the CCMA and win!
So take note of these eight steps to follow when dealing with abscondment:
1. Know what abscondment is
Abscondment is when an employee is away from work for such a long time that ... ››› more
- [09 September 2015]
- Your employee's in jail. Can you dismiss him on the basis that he's absconded?
- Many employers find it hard to deal with absconsion. The number of questions our experts get on the Labour and HR Club about this issue is proof.
We sympathise with employers. Anyone would find it difficult to handle a situation where someone just disappears for weeks and doesn't say a word.
An interesting question our experts received this week comes from an employer who wants to know if i... ››› more
- [17 February 2015]
- To fairly dismiss an absconded employee, the Chairman of your disciplinary hearing must consider these four factors
- Your employee has absconded. Now you have to contact him to find out where he is. You get hold of him and he agrees to come back to work for a disciplinary hearing.
If after the hearing, the Chairperson finds your employee guilty, he must take into account certain factors to decide if dismissal is the correct penalty. If he doesn't, your employee could challenge the fairness of his dismissal at... ››› more
- [17 February 2015]
- 'My employee says he isn't coming back to work. Should I still hold a disciplinary hearing?'
- Let's assume one of your employees doesn't come to work for two weeks. He doesn't contact you and you have no idea if he's coming back to work or not.
You decide to treat the matter as a case of absconsion and try all means to get in touch with him. You find him. But he tells you he isn't coming back to work.
You're now wondering if you still need to hold a disciplinary hearing.
Read on t... ››› more
- [13 February 2015]
- 'My employee has absconded. Can I dismiss him right away?'
- Absconsion is one of the biggest problems employers face at this time of the year.
But what can you do if your employee never returned from holiday?
Can you dismiss the absconding employee right away to make sure his absence doesn't cause any more disruptions?
Read on to find out...
To dismiss or not dismiss: That's the big debate surrounding an employee who's absconded
The short... ››› more
- [19 January 2015]
- Follow these two steps when you dismiss an employee for absconsion and avoid your first CCMA case for 2015
- By now all your employees are back at work, except Amanda.
She's been absent for a number of days and you haven't heard from her. In fact, you assume she's absconded and doesn't intend to come back.
Unimpressed with her conduct, you conclude she's no longer your employee. In your mind, her conduct cancels her employment contract with you. All that's left is for you to do is find a replacemen... ››› more
- [12 January 2015]
- Your employee shows up for work three weeks after you dismissed her for absconding. Now what?
- Imagine this: One of your employees goes on annual leave, but she doesn't come back on the date she said she would. Weeks go by and you don't hear a thing from her.
Because you don't want to land up on the wrong side of the law, you take the right steps to make sure she's actually absconded. And you follow the correct process to terminate her employment contract.
But then something astonish... ››› more
- [12 January 2015]