Labour law - absconded from work

**GAZZAMCK** · 21-08-2019, 11:00

Originally Posted by shooty

Remember its only after he has not been there for 5 consecutive working days.
That he is seen as absconding.

What we do.
We then if he has not phoned in or informed his direct supervisor at all in these 5 days.
Will send a registered letter to his address on file informing him that he now is seen as absconding. And that normal procedures will take effect. By which we terminate employment.

Remember. CCMA is in fact more on the side of the Employee. And the employer always has to proof its case against the Employee. Should it be take to the CCMA. So make sure you keep record of all correspondence. Hence why we sent registered letter. And not just make a call.

If you using SAPO he will get that letter on his death bed, from old age.

**GAZZAMCK** · 21-08-2019, 11:01

Originally Posted by th3wall27

Also, do not threaten. "If you are not at work .....". Always show compassion. It goes a long way with the CCMA. I have been part of a case where a team member I managed absconded for 3 days. He got threatened with being fired. Went to the CCMA and lodged a case. He has a drinking problem and the company doesn't support him. This guy has never had a drop of alcohol in his life. But some smart ass told him to go that route. Got a 2 week vacation to a rehab paid for by the company. And came late more than being on time. No one wanted to touch him with regards to discipline. Thankfully he left after a couple of months.

It's not difficult to get guys like that to leave on their own accord, especially if he is a doos who lies.

Many a terrible job to be done

**Skaaphaas** · 21-08-2019, 11:20

Originally Posted by shooty

I did say "What we Do" Which would mean at our Company.

Before that. The 5 days requirement.

**Niekiepienaar** · 21-08-2019, 11:33

Following with interest. Family of mine has a situation currently with laborer that's been "sick" since the 7th of this month. Complains about his knees. Bandages around both knees. Refuses to go to the dr. and has not sick certificate. The guy is a very good worker but arrogant as a hell. He has been on the farm for 18 years.

**GAZZAMCK** · 21-08-2019, 11:38

Originally Posted by Niekiepienaar

Following with interest. Family of mine has a situation currently with laborer that's been "sick" since the 7th of this month. Complains about his knees. Bandages around both knees. Refuses to go to the dr. and has not sick certificate. The guy is a very good worker but arrogant as a hell. He has been on the farm for 18 years.

Good luck boet, our guys are "sick" and go to clinic

All the government clinic does is give them a slip saying they were there, not whats wrong with them or if they even saw the doc, Mondays and fridays are apparantly the best to see the doc, also some stigma about HIV and people knowing status so the docs won't even write he has the flu.

**th3wall27** · 21-08-2019, 12:23

Originally Posted by GAZZAMCK

It's not difficult to get guys like that to leave on their own accord, especially if he is a doos who lies.

Many a terrible job to be done

You are spot on!

**Zuku** · 21-08-2019, 12:46

Thanks for advise and info

**A-R** · 21-08-2019, 21:26

My neighbour once contacted the CCMA (labour dept) office and demanded they send his absent employee back to work immediately.

Then the employee pitched up, there at the labour offices...

**Springer** · 22-08-2019, 07:08

I have had these issues in the past. It's a minefield, eventually i hired an outside labour company to deal with procedures to ensure all of these issues were dealt with correctly. In the instance of absconding, i had recorded all efforts to contact employee, by phone, sending colleages to his home, and sent registered mail as well as sent a letter by hand to his address and had it signed for. I stated that they had 7 days to return to work, as well as a date to attend a disciplinary hearing. Making it clear that they still have a job but failure to comply or respond in writing, would be seen as absconding, and their contract would be terminated. I had been taken to the CCMA on a few occasions, and these procedures seemed watertight and worked in my favour in all instances.

**Twitch** · 22-08-2019, 07:22

Originally Posted by Springer

I have had these issues in the past. It's a minefield, eventually i hired an outside labour company to deal with procedures to ensure all of these issues were dealt with correctly. In the instance of absconding, i had recorded all efforts to contact employee, by phone, sending colleages to his home, and sent registered mail as well as sent a letter by hand to his address and had it signed for. I stated that they had 7 days to return to work, as well as a date to attend a disciplinary hearing. Making it clear that they still have a job but failure to comply or respond in writing, would be seen as absconding, and their contract would be terminated. I had been taken to the CCMA on a few occasions, and these procedures seemed watertight and worked in my favour in all instances.

I was in the same boat.
Had too many issues, too many excuses and threats of CCMA.
Eventually went with a company called Labournet.

I have about 15 staff, it costs about 2K a month.

I have access to a consultant who gives advice, they issue all warnings and chair enquiries.
They will also represent you at the CCMA and will pay all costs if you lose a case.

For me, its 2k a month well spent.