Skip to main content

Article 31/2026

What is the difference between desertion and abscondment?

_____________________________________

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.
September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.

September 7, 2026

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.