Desertion is more than “not showing up”. It is an unexplained absence paired with an intention not to return to work. Because intention is the key issue, employers should follow a fair process, gather evidence, and avoid “automatic termination” shortcuts that often fail at the CCMA.
What “desertion” means in South African employment law
Desertion happens when an employee stays away from work without permission and shows a clear intention to abandon employment permanently.
You must be able to infer that intention from facts. For example, the employee ignores messages, avoids contact, and stays away for a prolonged period.
Importantly, desertion is usually treated as misconduct. That means dismissal must still be substantively fair and procedurally fair.
Desertion vs absenteeism and abscondment
- Absenteeism – short or intermittent absence, often with an intention to return.
- Abscondment – unauthorised absence for a longer period, but intention is still uncertain.
- Desertion – unauthorised absence plus evidence the employee does not intend returning.
When you cannot prove intention, treat the case as unauthorised absence or absenteeism first. Then escalate only if the evidence supports desertion.
Why process matters
South African law focuses on fairness. A dismissal is generally unfair if you cannot prove a fair reason and a fair procedure.
From 4 September 2025, a new Code of Good Practice: Dismissal applies. It replaced the long-standing Schedule 8 code. The fairness principles remain central, even in “desertion” cases.
Practical steps to manage suspected desertion
Step 1: Confirm the absence and check basics
- Check the roster, leave approvals, and any medical certificate submissions.
- Confirm last day worked and last contact made.
- Check whether the employee has a known emergency contact.
Start a file immediately. Keep screenshots, call logs, emails, and WhatsApps. This file often decides the CCMA outcome.
Step 2: Make reasonable attempts to contact the employee
- Call and message the employee on all known numbers.
- Email the employee’s known address.
- Send a letter to the employee’s last known physical address.
You do not need to run a “humanitarian search”. However, you should take reasonable steps, given your size and resources.
Step 3: Issue a “reporting” or “ultimatum” letter
Your letter should:
- State the dates of absence and that the absence is unauthorised.
- Direct the employee to report for duty by a clear deadline.
- Require the employee to explain the absence and provide proof, if relevant.
- Warn that you may proceed with disciplinary action, including dismissal.
Use a delivery method you can prove. Registered mail plus email is common.
Step 4: Apply “no work, no pay” carefully
If the employee is absent without permission, you generally do not pay for those days. That is a wage issue, not a disciplinary sanction.
However, when employment ends, you must still pay any outstanding remuneration for time worked and any accrued leave due.
Step 5: Hold a disciplinary hearing (even if the employee is absent)
If the employee stays uncontactable, you may proceed in their absence. However, you must show that you gave proper notice and a real opportunity to attend.
At the hearing, focus on evidence of intention not to return. Record the outcome and reasons clearly. Procedural fairness remains critical.
Step 6: Decide on dismissal only if the evidence supports desertion
Ask these questions:
- How long was the absence, and was it totally unexplained?
- Did the employee ignore multiple contact attempts?
- Did the employee give inconsistent or false reasons?
- Does the role require reliability and attendance as a core standard?
If you cannot prove intention, consider progressive discipline for unauthorised absence instead.
What employers should do
- Use a written policy for absenteeism, abscondment, and desertion.
- Keep contact details updated as a condition of employment.
- Document everything, including dates, times, and delivery proof.
- Avoid “deemed resignation” letters as a shortcut to fairness.
- Run a fair hearing and write a reasoned outcome.
- Pay final amounts correctly, including accrued leave, with lawful deductions.
Desertion cases often fail because the employer proved absence, but not intention. Your process should be built around that risk.
What employees should know
- Silence is risky – If you cannot attend, communicate as early as possible.
- Proof matters – Provide medical certificates, detention proof, or travel evidence promptly.
- You still have rights – Even where desertion is alleged, fairness and procedure apply.
- Leaving without resigning – This can result in dismissal for misconduct.
If you return after a long absence, ask for a chance to explain. A fair employer should still hear you out.
Tax and regulatory considerations
- Final pay – pay outstanding remuneration for work done and any accrued leave due.
- Deductions – deduct PAYE and other lawful deductions as normal.
- Records – keep the disciplinary record and termination documentation for dispute defence.
FAQ: Desertion
How many days absent counts as desertion?
There is no fixed number in law. Duration helps, but intention decides the issue. You must assess the facts and communication history.
Can I dismiss someone for desertion without a hearing?
It is risky. Desertion is usually treated as misconduct, so you should still follow a fair process and give an opportunity to be heard.
What if the employee was arrested, hospitalised, or had a crisis?
Then intention may be absent. Treat the matter as unauthorised absence first, gather proof, and reassess fairness before dismissing.
What if the employee’s contact details are wrong or outdated?
Show what steps you took with the information you had. Then improve your onboarding and HR processes to keep details current.
Do I have to keep paying salary during desertion?
Usually not, because “no work, no pay” applies to unauthorised absence. However, you must still pay what is owed for time worked and accrued leave when employment ends.
Conclusion
Desertion is a serious workplace issue, but it is also easy to mishandle. Focus on evidence of intention, follow a fair process, and document every step. When you do that, you reduce risk and improve your chances of defending the outcome at the CCMA.
Sources
- CCMA – Desertion info sheet
- SAFLII – Labour Relations Act (consolidated)
- Lawlibrary.org.za – Code of Good Practice: Dismissal, 2025 (GN 3470 of 2025)
- Gov.za – Labour Relations Act: Code of Practice: Dismissal (4 Sept 2025)
- Cliffe Dekker Hofmeyr – Guide: The 2025 Code of Good Practice on Dismissal
- Bowmans – Labour Court note on desertion and “no humanitarian duty”
- Barnard Inc / Schöne – Employer obligations in desertion cases
- SEIFSA – Practical guide on absenteeism, abscondment, and desertion
