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South Africa decisions
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WBHO Construction (Pty) Ltd v Cormack NO and Others (JR2405/21) [2024] ZALCJHB 544 (13 December 2024)
Labour Court dismissed a review of an arbitration award concerning dismissal for alleged abscondment, finding the arbitrator’s decision reasonable.
Okhahlamba Local Municipality v Mabuya and Others (D1412/19) [2021] ZALCD 53; [2021] 11 BLLR 1115 (LC); (2022) 43 ILJ 198 (LC) (27 July 2021)
The Labour Court found the employee’s dismissal substantively fair for abscondment but procedurally unfair for lack of a hearing, and reduced compensation to four months.
Msibi and Others v CCMA and Others (JR1365/13) [2017] ZALCJHB 245 (22 June 2017)
The Labour Court reviewed a CCMA award after finding the arbitrator failed to decide whether the applicants were dismissed or absent without leave.
SACCAWU v Zamanyambose and Others (D639/14) [2016] ZALCD 3 (19 February 2016)
The court found that the applicant failed to establish that the First Respondent had absconded, as the evidence did not demonstrate an unequivocal intention not to return to work. The dismissal was based on absenteeism and not substantiated by a proper disciplinary process, rendering it procedurally unfair. The arbitrator correctly concluded that the sanction of dismissal was disproportionate to the misconduct, which was not serious enough to warrant termination. The limitation of retrospective compensation to six months was a reasonable exercise of discretion, considering the circumstances a…
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Minister of Correctional Services v POPCRU obo Mmoledi and Others (JR1791/12) [2016] ZALCJHB 44; (2016) 37 ILJ 1179 (LC); [2016] 6 BLLR 637 (LC) (8 February 2016)
Labour Court held that clause 9.1 of the Correctional Services disciplinary code did not create automatic termination and remitted the dismissal dispute for rehearing.
Makade v Public Health And Social Development Sectoral Bargianing Council and Others (PA2/2012) [2014] ZALAC 43 (19 August 2014)
The Labour Appeal Court found that the appellant's suspension was lifted by the letter dated 11 February 2004, and he was repeatedly instructed to report for duty at a new post. His refusal to do so, despite warnings that failure would be regarded as abscondment, constituted absence without permission for more than one month. The requirements of section 17(5)(a)(i) of the Public Service Act were met, resulting in termination of employment by operation of law, not dismissal. The Bargaining Council lacked jurisdiction to adjudicate the dispute, as the employment relationship had ended automatic…
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Makade v Public Health & Social Development Sectoral Bargaining Council and Others (P36/2010) [2011] ZALCPE 9; (2012) 33 ILJ 408 (LC) (1 August 2011)
Labour Court review dismissed after finding the employee’s suspension was lifted, redeployment was offered, and refusal to report amounted to abscondment.
Metcash Trading Africa (Pty) Ltd v Maseko NO and Others (JA52/08) [2010] ZALAC 34 (28 May 2010)
The Labour Appeal Court upheld an appeal over an abscondment dismissal, finding the arbitrator’s “too harsh” sanction unsupported and the dismissal fair.
Jammin Retail (Pty) Ltd v Mokwane and Others (JR2784/08) [2009] ZALC 130; (2010) 31 ILJ 1420 (LC) ; [2010] 4 BLLR 404 (LC) (22 December 2009)
The court held that the commissioner’s finding of procedural unfairness was reasonable and supported by law. In the private sector, abscondment does not automatically terminate employment unless due process is followed. The applicant knew the whereabouts of the employee and contacted her, but failed to arrange a disciplinary hearing before terminating her employment. The principle of fairness and the audi alteram partem rule required the applicant to afford the employee a hearing. The commissioner did not commit a reviewable irregularity, and the review application must fail.
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Masoeu v Commission for Conciliation Mediation and Arbitration and Others (JR792/09) [2009] ZALC 195 (15 September 2009)
The Labour Court dismissed a review of a CCMA award upholding a dismissal for abscondment, finding the commissioner’s decision reasonable.
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