Dealing with job abandonment

The Industrial Court, in several of its judgments, has stated “Abandonment is a matter of intention and this intention can only be gathered or inferred from the conduct of the person intending to abandon the job. The presence or absence of intent to remain away permanently can be inferred from circumstances surrounding the absence of the employee.”

The court has also highlighted certain factors that should be considered before determining that the worker intended to abandon the job. Such factors include:-

1. length of the absence;

2. whether the worker kept in contact with the employer during the absence;

3. whether the worker refused or failed to return on being directed to do so by the employer, and

4. whether the employer warned the worker that failure to return by a fixed date would result in dismissal.

Generally, most Companies have a policy relating to the issue of Job Abandonment. Such a policy typically states that if the worker is absent for three or more days, he will be considered to have abandoned his job. It should be noted that the mere absence of the worker from the workplace will not necessarily prove abandonment of the job.

Where the Company has not heard from or seen the worker for a period of time, there is a procedure that must be followed before the Company can truly state that the worker has abandoned his job.

The procedure is as follows:-

1. When an employee is absent from work, the employer should make reasonable efforts to contact the employee to ascertain the reasons for his or her absence. This can be done by contacting the employee at the telephone numbers listed on his personnel file or at any other known telephone numbers that the Company is aware that the employee possesses.

2. If there is no legitimate excuse for the absence or contact cannot be made with the employee, the employer must then write to the employee. This letter should notify the employee of his absence, direct him to report for work on a specific date, and also put him on notice that his failure to attend work on or before the date stated in the letter, would result in the Company determining that he has abandoned the job. The letter should then be sent via registered mail at the last known address of the employee.

3. Should the employee fail to report for duties by the date stipulated in the letter, the employer must send a final letter informing the employee of his failure to report for duties on the requested date and stating that the Company has determined that the employee has abandoned the job. This letter should also be sent via registered mail.

It should be noted that in instances of perceived Job Abandonment, that the onus is on the employer to communicate with the absent employee.

For more information please contact the Employers’ Consultative Association at 675-9388, or visit our website at www.ecatt.org.