If you don’t go to work, when does it become desertion from the workplace? What does this mean? Scorpion Legal Protection discusses the labour law.
When an employee leaves their place of work and it is clear that they have no intention of returning to the workplace, it is considered desertion. While there is no specific period of time that you must be away from your workplace for it to be considered desertion, the CCMA generally accepts a period of 5 days or more. If you cannot or do not go into the workplace, you have an obligation to inform your employer of the reason why and when you will be back at the office. For example, if you get sick you must let your employer know – whether this is in person, via email, phone call, text message or getting someone to contact your employer on your behalf and let them know. You cannot just stay away.
If you don’t contact your employer, the employer must then make an effort to contact you and find out where you are and what is happening. They can do this by calling, emailing, texting or sending you correspondence by registered post. This will be a notice to inform you that you are required to report for duty at the workplace and that, unless you return to work within a reasonable period (the employer must specify what this is), you will be regarded as having deserted the workplace and your employment will be terminated accordingly.
If you return to work within the time the employer specified in the notice, the employer can then ask you to explain why you did not notify them and why you were absent, and can decide if they want to take disciplinary action against you.
It’s important to know that the employer has a responsibility to contact you or locate you and get in touch to explain the consequences of you not coming to work. It could be, for example, that you have lost your car keys or cellphone and were in hospital unable to get in touch. As soon as the employer can find or contact you, you must explain why you could not be at work. If you cannot provide a valid reason for your absence from the workplace, or you verbally or otherwise let your employer know that you have no intention of returning to the workplace, the employer can then regard you, the employee, as having deserted the workplace and can take disciplinary action, even in your absence, to formally dismiss you.
Tips
- If you cannot go into work, or choose not to, you must let your employer know why and when you will be back to avoid a potential claim of desertion from the workplace.
- If you do not, you could be dismissed from your job.
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* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.