dien thoai di dong , dau gia , the gioi smartphone , download game mobile , smartphone , tang truong , khoa hoc cong nghe thong cong , mua ban sim , Smartphone gia re , cong nghe tuong lai , cong nghe 360 , giai tri guongmat.org , su kien trong ngay , thoi trang hi tech , thong tin 360 , may tinh bang , perfect body , kasuman.com , gia vang hom nay , tin tuc an toan , kinh te viet nam , xay dung viet nam , thoi trang , thoi trang , phu nu viet nam , tin tuc moi online , dich vu bao ve viet nam , bao ve viet nam , cong ty bao ve viet nam , tin tuc moi online , giai tri 24h , tin tuc 24h

Desertion Diary, Notice of Desertion - What Must Employers Do?

Desertion Diary Notice of Desertion

Introduction
Employers should act when Employees abscond from work. There is a misconception that it is not the obligation of the Employer to ascertain the absconding Employee’s whereabouts. Some Employers have even claimed that “Employees dismiss themselves” when they have absconded from work. Due to this misconception many Employers fail to act against Employees that have stayed away from work.

The Employer’s failure to act could become problematic when the Employee that absconded, refers a dispute for unfair dismissal to the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “CCMA”) or Bargaining Council. The Employer won’t be able to prove that the Employee was not dismissed due to his/her inaction.

What should Employers then do when Employees abscond from work? When does absenteeism become absconding? Must Employers only act against Employees that have absconded from work?

What is the difference between absenteeism and absconding?
Absenteeism is generally when an Employee stays away from work without leave and/or permission. It will usually not be for longer than 2 (two) days. The Employee plans to return to work. Upon the Employees’ return, the Employee must be disciplined in accordance with the Employer’s Disciplinary Code.

An Employee will be considered to have absconded from work when they stay away from work for more than 3 (three) consecutive days and they have no intention of returning to work. It should however be stated that what will be considered absenteeism and what will be considered abscondment will differ from Employer to Employer. The difference must therefore be defined in the Employer’s Disciplinary Code and/or Human Resources Management Policies as well as how it will be dealt with.

What is a Desertion Diary and when must it be used?
A Desertion Diary is a document that must be completed once it has been ascertained that an Employee has absconded from work. This will ensure that an Employer takes the necessary action to ascertain the Employees’ whereabouts. The Desertion Diary can be used as a checklist by ensuring that the Employer has telephonically contacted the Employee, spoken to fellow Colleagues and had attempted to visit the Employees’ last known residential address.

What is a Notice of Desertion and how must it be used?
A Notice of Desertion is a document that is issued to an Employee who has absconded from work. The Notice of Desertion will indicate when the Employee had last reported for duty and how many days he/she has since then absconded. It further instructs the Employee to return to work immediately. The Notice of Desertion must be sent to the Employee via registered post and/or private email. It is important that record is kept thereof. The Notice of Desertion will further indicate that upon the Employee’s return a date for a Disciplinary Hearing will be arranged to address the Employee’s misconduct.

Conclusion
The Desertion Diary and Notice of Desertion will thus ensure that Employers do act against Employees that abscond from work. Should the absconding Employee then refer a dispute for unfair dismissal to the CCMA and/or Bargaining Council, the Employer will have the necessary documentary evidenced to indicate that the Employee had in fact absconded from work. It is further recommended that the Desertion Diary, Notice of Desertion be used in conjunction with the Disciplinary Hearing Pack.

The SchoemanLaw SME Self- Service DeskTM is an online platform whereby Entrepreneurs can obtain access to quality legal products for a fraction of the cost.

The Desertion Diary, Notice of Desertion as well as the Disciplinary Hearing Pack can be purchased on the SME Desk. Kindly see more about the SME Desk here.

If you click here, you will have access to 2 Agreements that you can download for free. Click here to register as a transactional user.

You will only pay for the documents that you download and use. If you are still not sure if this is the correct platform to use for your legal needs, see the demo video that shows how the SME Desk works, here.

Contact SchoemanLaw Inc for expert advice and assistance on all Employment-related matters. Visit our website for more information about all the legal products and services that SchoemanLaw Inc offers.

© Helena Roodt - Schoemanlaw Inc. - 2018

Tel: +27 (0) 21 425 5604
Email : This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: http://www.schoemanlaw.co.za
Facebook: https://www.facebook.com/SchoemanLawInc
Twitter: https://twitter.com/SchoemanLaw_Att

SchoemanLaw-Inc-Cape-Town-Logo-55e203

2018 ZACC 22, Case CCT 194/17.