Employer's options in face of desertion

I OFTEN get perplexed employers contacting me advising that an employee has not appeared at work and is uncontactable.

- MICHAEL BAGRAIM

Firstly, it is vital that every employer keeps up-to-date records of their employees’ mobile numbers and, if possible, their email addresses. It is also important to have home addresses and contact details for the next of kin. Our labour laws expect process to be both fair and reasonable and properly structured.

It doesn't help just to throw your hands in the air and explain that the individual employee did not arrive back for work and you therefore deemed them to have resigned. Our Basic Conditions of Employment Act expects resignation to be in writing, otherwise it can't be deemed to be the termination of employment. There is very little written with regard to desertion, but it’s important to at least follow a procedure which shows that you had followed a structured route before declaring the employee to be dismissed.

Firstly, it is much better if you do have a policy on desertion which has been communicated to the staff. The policy can be simple in that employees would be expected to contact the employer if they are able and that the employer should follow up by contacting the street address, the email address and the mobile phone numbers.