Work In Solutions

It is that time of year again when holidays are over and the temptation not to go back to the grindstone looms for employees. This could pose problems for the employer who feels the absconding employee should be dismissed.

Before dismissing, it is imperative for employers to take the necessary precautions and investigate the prolonged disappearance of their employees, by making contact with them. This can be done either by phoning them or conveying in another suitable form an ultimatum that said employee must return to work within prescribed period of time or a hearing will be held to dismiss them.

The case of Nkgadma v Denkirk Metal Industries demonstrates the point:

In this matter, the employee was absent from work for a week, so his employer sent him a letter informing him that if he did not come back to work then they would consider him to have automatically dismissed himself. Lo and behold, the employee did not return to work within the specified time. He claimed he couldn’t come back because his bank account was frozen and he had telephoned the company to tell them about his problem and was promptly told that his manager did not wish to see him. The employer agreed that it hadn’t paid him and asked him to be patient and also denied dismissing the employee.

The commissioner found that, where an employee absconded and was given an ultimatum to return to work and did not do so, his services were terminated and he was therefore dismissed. BUT the commissioner held that the law requires an employer to convene hearings before dismissing absconding employees if their whereabouts are known, and as such this dismissal was unfair. The dismissal was also substantively unfair because the employee had not formed the intention of permanently ending employment. The employee was awarded compensation.

In summary, Employers should do the following:

• Contact the absconding employee with an instruction to return to work
• Give e deadline by when the employee has to return to work
• Explain that a hearing will be held in the event that the employee does not report for duty by the prescribed date
• Inform that employee that dismissal could be a consequence
• Conduct a hearing if the employee does respond

This goes to say that at the end of the holiday your employees’ desert might not leave a sweet taste in your mouth. This does not mean that Employers should swallow the bitter pill, but don’t be the authors of your own misfortune. If you follow the correct procedure, you can sweeten your own pie and see that your employee gets his just deserts.