Employees are sometimes absent from work for extended periods, at times without explanations but also for reasons of which the employer is aware.

The extended absence from work may provide the employer with a reason to terminate the contract of employment but that is not automatically the case.

The employer must ensure that prior to contemplating dismissing the employee, there is a good reason / reasons to go ahead with the dismissal. It would be preferable to convene either a disciplinary hearing or an incapacity hearing. Depending on the facts of each case, the sanction of dismissal may be justified.

Employers should not merely assume that the absence justifies dismissal and should not dismiss the employee before affording the employee (if possible) an opportunity to state his / her case.

If you feel like you have been dismissed unfairly labour lawyers are ready to help!

For further information on any labour-related matters, you can contact Bernard Reisner:

W.Tel no 021 423 3959
Fax 021 423 2105
Cell 082 433 8714
E-mail bernard@capelabour.co.za
Website www.capelabour.co.za