Case Update
In this case, the employee (Mr T) informed his manager that he was sick and that he would be away from work for about six months.
The employee believed that there were no doctors in South Africa that could help, so he had gone to his original country for treatment – Zimbabwe.
When Mr T returned to work, he found that his job was no longer available because the company had replaced him. They assumed that he absconded from work. Meaning they felt that he ran away from work.
Arbitrary decisions like this are a common issue that we find in practice at Legal Leaders.
So Mr T referred a case to the CCMA.
The Commissioner found that a company cannot simply assume that an employee has absconded. In other words the employer must take steps to locate the employee and inquire about the reasons for his absence.
In this case the Company did not do this. Even though they had his telephone number. It was simply not good enough to tell an employee that they are replaced when they come back to work. Especially if the employer had made no effort to trace the employee.
Mr T was awarded R45 000 for his unfair dismissal.
Key Takeaway:
If you are an employer – and one of your employees are not coming to work – do not assume abscondment.
Try to contact them and make sure its in writing!
