Author: Jaydene Naidoo
In South Africa’s complex labour law landscape, employers often seek quick solutions to absenteeism, especially when an employee vanishes without notice. One such solution is the “automatic termination” policy, where prolonged absence is treated as abscondment, triggering immediate dismissal. While this may seem efficient, it can lead to serious legal consequences if not handled correctly.
The legal pitfalls of automatic termination
The Commission for Conciliation, Mediation and Arbitration (CCMA) and Labour Courts have consistently ruled that absence does not equal desertion. A recent example of this can be seen in the article “Is that no-show employee really absconding?” in LabourWise (the Khomari vs Tronox Mineral Sands (Pty) Ltd case (2025)), where a senior employee was dismissed under an automatic abscondment clause after failing to report to work for five days. Despite the policy, the CCMA found the dismissal procedurally and substantively unfair because:
- The employee responded promptly to HR’s notice
- She provided medical evidence and a return date
- The employer failed to prove intent to abandon the job
The ruling emphasised the Audi Alteram Partem principle – every employee has the right to be heard before dismissal. Employers must investigate intent, not assume it.
Why this matters for employers
Relying on rigid policies without due process can result in:
- Unfair dismissal claims
- Reinstatement orders
- Backpay awards
- Reputational damage
Even if an employee is absent for an extended period, termination must follow a fair procedure. This includes attempts to contact the employee, issuing notices and holding a hearing – even in absentia.
At HRTorQue, we understand the legal and operational risks of managing employee absences. Our outsourced HR services ensure that your business:
- Implements compliant absenteeism policies
- Handles no-show cases with proper documentation and fairness
- Avoids costly CCMA disputes
- Receives expert guidance on labour law and disciplinary procedures
We act as a strategic HR partner, protecting your business while supporting your people. Contact HRTorQue today to learn how our outsourced HR solutions can help you navigate complex HR challenges with clarity, care and confidence.