The dissertation investigates the fairness criteria pertaining to absenteeism
and desertion. It should be recognised that desertion is a special case of
absenteeism. Desertion is absence from work with the intention of not
returning, thus terminating the employment contract. Absenteeism is
absence from work with the intention of returning. The intention of the
employee determines the employer’s cause of action. The dissertation
investigates fairness criteria and applicable action by the employer
pertaining to such cases in order to avoid unfair dismissal. Procedure
should be fair, but can only be judged on the merits of the specific case.
Fairness requires the employer to afford the employee an opportunity to
state his or her case at the disciplinary hearing. In other words to give a
reasonable explanation for his or her absence. Fairness also requires the
court to take all surrounding circumstances into account, such as the
reasonable period of absence, the employees work record and the
employers treatment of similar offences in the past. Absence does not
warrant automatic dismissal nor does it justify extended absence.
Ultimately, the burden is to be shared by both employer and employee to
ensure that the employment contract is constitutionally fair, clearly defined
and precisely communicated to parties. The workplace is only an extension
of the individual and the collective constitutional birth right; we all have
equal right to justice, yet not all cases are the same. / Thesis (LLM (Labour Law))--North-West University, Potchefstroom Campus, 2012
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/8291 |
| Date | January 2011 |
| Creators | Van Zyl, Lelanie |
| Publisher | North-West University |
| Source Sets | North-West University |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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