This Termination Due To Unauthorised Absence document is essential for South African employers dealing with employees who have abandoned their posts or failed to report to work without authorization or communication. It is used when an employee has been absent for an extended period without permission or valid explanation, despite attempts to contact them. The document must comply with South African labor legislation, including the Labour Relations Act and the Code of Good Practice on Dismissals, ensuring both substantive and procedural fairness. It includes detailed records of the unauthorized absence, previous warnings or communication attempts, and clear termination terms. This document is crucial for maintaining proper employment records and protecting the employer against unfair dismissal claims while ensuring the termination process follows all legal requirements.
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1. Letter Header: Company letterhead, date, reference number, and formal business letter formatting
2. Addressee Details: Employee's full name, employee number, position, and full contact details
3. Subject Line: Clear indication that this is a termination notice due to unauthorized absence
4. Record of Unauthorized Absence: Specific dates and duration of unauthorized absence
5. Previous Communications: Reference to previous warnings, communications, and attempts to contact the employee
6. Legal Basis: Citation of relevant company policies and South African labor laws justifying the termination
7. Termination Statement: Clear statement of employment termination, effective date, and grounds for termination
8. Final Administrative Matters: Information about final pay, benefits, company property return, and certificates of service
9. Closing: Signature block with details of the authorized company representative
1. Right of Appeal: Include when company policy or applicable collective agreement provides for an appeal process
2. Outstanding Disciplinary Matters: Include if there are other pending disciplinary issues that contributed to the decision
3. Union Representative Copy: Include if the employee is a union member or if required by collective agreement
4. Exit Interview: Include if company policy requires an exit interview opportunity
5. Non-Compete Reminder: Include if the employee is bound by post-employment restrictive covenants
1. Appendix A - Absence Record: Detailed log of unauthorized absences, including dates and durations
2. Appendix B - Communication Log: Chronological record of all attempts to contact the employee and previous warnings
3. Appendix C - Final Payment Calculation: Breakdown of final payment including outstanding salary, leave pay, and deductions
4. Appendix D - Company Property Register: List of company property to be returned and current status
Relevant legal definitions
Unauthorized Absence
Company
Employee
Employment Contract
Effective Date
Notice Period
Final Payment
Company Property
Disciplinary Policy
Working Day
Leave Policy
Termination Date
Company Premises
Reporting Manager
HR Representative
Union Representative
Certificate of Service
Leave Entitlement
Company Rules
Gross Misconduct
Abandonment of Employment
Final Settlement
Company
Employee
Employment Contract
Effective Date
Notice Period
Final Payment
Company Property
Disciplinary Policy
Working Day
Leave Policy
Termination Date
Company Premises
Reporting Manager
HR Representative
Union Representative
Certificate of Service
Leave Entitlement
Company Rules
Gross Misconduct
Abandonment of Employment
Final Settlement
Clauses
Notice of Termination
Record of Absence
Previous Warnings
Legal Authority
Final Payment
Company Property Return
Confidentiality
Post-Employment Obligations
Non-Solicitation
Right of Appeal
Final Settlement
Outstanding Obligations
Reference Provision
Benefits Termination
Exit Procedures
Document Return
Non-Disparagement
Severance Terms
Leave Balance
Certificate of Service
Record of Absence
Previous Warnings
Legal Authority
Final Payment
Company Property Return
Confidentiality
Post-Employment Obligations
Non-Solicitation
Right of Appeal
Final Settlement
Outstanding Obligations
Reference Provision
Benefits Termination
Exit Procedures
Document Return
Non-Disparagement
Severance Terms
Leave Balance
Certificate of Service
Relevant Industries
Manufacturing
Mining
Retail
Financial Services
Technology
Healthcare
Education
Construction
Hospitality
Transportation
Agriculture
Professional Services
Public Sector
Telecommunications
Energy
Relevant Teams
Human Resources
Legal
Operations
Management
Administration
Compliance
Industrial Relations
Employee Relations
Personnel Management
Relevant Roles
HR Manager
HR Director
Human Resources Business Partner
Employee Relations Manager
Line Manager
Department Head
Operations Manager
General Manager
Managing Director
HR Administrator
Legal Counsel
Compliance Officer
Industrial Relations Manager
Personnel Officer
Chief Human Resources Officer
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