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Article 31/2026

What is the difference between desertion and abscondment?

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Desertion

  • This entails a communication from an employee that he/she unequivocally intends not to return to work – see, further, SABC v CCMA (2001) 22 ILJ 487 (CC).
  • What is required is for the employer to conduct a genuine dialogue in this regard to establish desertion and to establish the appropriate sanction – obviously giving the employee an adequate and reasonable opportunity to respond.

Abscondment

  • Unlike desertion, where an employee communicates in unequivocal terms his/her intention not to return to work, the misconduct of abscondment incurs a deeming ‘ticket’.
  • It occurs when an employee is absent, warranting the reasonable inference that he does not return to work – see, further, Mthethwa v Capital Caterers (2007) 28 ILJ 1859 (CC).
  • Again, as in the case of desertion, the employer is required to engage in a genuine dialogue with the employee and provide the employee an adequate and reasonable opportunity to respond.
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?