What are the rights of domestic workers and the obligations of their employers in terms of labour legislation in South Africa?
Employers are often faced with employees who are absent for a prolonged period of time, and never return to work. In many cases, these employees refer an unfair dismissal dispute to the CCMA, although no dismissal had taken place, with the hope to get some money out of the Employer.
It is important to note that there is a duty on the Employer to follow proper “abscondment procedure” where an Employee fails to report for duty.
An employee who has absconded has no intention to return to work, and employers should note that communicated absence from work (where the employee has notified the employer of his whereabouts) may not be construed as abscondment.
If an employee is absent from work for a prolonged period of time without communicating his whereabouts and intention to return to work to his employer, the onus rests on the employer to establish whether the employee has any intention to return to work or not.
Contact us should you require more information regarding the abscondment process.