Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council  (MIBCO)

Extension to Non-Parties of the Main Collective Agreement

Division A

Clause 7: Termination of Employment

7.4. Desertion
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(1)Desertion

 

An employee will be regarded as having deserted from his employer's service after a continuous absence of five working days and without notification to his employer of his whereabouts: Provided that—

(a)the employer attempts to contact the employee in writing (either electronic or hard copy) at his last known address; email address or telephone number supplied by the employee;
(b)the employee was duly notified in writing of the necessity to furnish his employer with his address and any changes of address;
(c)the employee shall be allowed a period of one month to lodge with his employer a written appeal against his dismissal.

 

(2)Recovery of outstanding moneys

 

Employers may deduct or set-off upon termination of service of employment from all moneys owing to an employee except pension and/or provident funds in respect of loans in terms of a signed acknowledgment of debt.