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Services - Labour Guideline

Labour Guidelines


DESERTION & RESIGNATION

In Private, Unfair dismissals by Pieter8 Comments


Contents

1. DESERTION
1.1. Meaning of desertion?
1.2. How to dismiss a deserter
1.3. How to dismiss a deserter
1.4. What if the deserter returns?
2. RESIGNATION
2.1. Meaning of resignation
2.2. How to deal with resignation
2.3. What if the person withdraws the resignation?

Downloadable Forms Click here to access these documents in the Forms section.

Form 5.1 Desertion letter

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Comments

  1. i was recently assulted by employee within working hours however she denied the assult and said its self defence, we both currently suspended until the hearing and investigation is done, i have been victimised called names and feel my working environment is very unsafe that i need to hire someone to travel with me. i dont want to return there even if im not dismissed however i feel i cannot work 1 months noitice in that place. after the trauma i have been diagnosed with PTSD. what are my rights.

    1. Reply to Hazel: It is in order for the employer to suspend all invlvoed penidng proper investigation. I propose that you attend a hearing if required to do so – that is the best chance for the truth to be revealed.

  2. I would like to give immediate notice due to been ill. Legally I need to give ones months notice. Can I ask them to take notice money off pension. Would that b ok and what is best approach

    1. Reply to Lana: We suggest that you approach the employer and discuss the situation – they might very well agree to waive the notice requirement or part thereof.

  3. good morning,
    could you advise the meaning of desertion and what happens when the deserter returns to work?

    1. Reply to Scott: There is only desertion in the true sense if the employee does not have the intention to return to work. This can be as a result of a specific statement made by the employee or deduced from the conduct of the employee. If the employee returns it may become apparent that there was no desertion and the employee should be given an opportunity to state his case before any final decision is taken.

    1. Author

      It depends on your contract of employment or in the absence of an agreement the BCEA (section 37) stipulates that you will have to give notice (one week if you have worked less than 6 months, two weeks if you have worked between six months and on year and four weeks if you have worked longer than a year) If both parties agree to waiver the notice period, then a resignation with immediate effect will be possible.

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