Dismissal for abandonement

Employer’s are advised to check the employment contract.

If the employment contract is silent on abandonment, the conditions of the Employment Relations Act (2000) apply.

Where the employee is absent from his or her place of work for a continuous period of three working days without the consent of the employer, or without good cause, the employee shall be deemed to have abandoned his or her employment. Under these circumstances the employer will not be required to give notice to the employee.

Where an employee is absent for a period of three days without the consent of the employer, or without notification to the employer, the employee shall have forfeited his/her right to notice provided that:

the employer has made reasonable efforts to contact the employee before invoking this clause; and
where, through unavoidable circumstances, an employee is unable to notify the employer of his/her absence and such absence is reasonable, then this clause shall not apply.

Employer’s are advised to write a dismissal letter and forward it by registered mail, to the last known address of the employee.

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