Resignation and abscondment

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Joined: 23 Mar 2018, 12:02

Resignation and abscondment

Unread post by TeresaFryer » 23 Mar 2018, 12:10

We have an employee who submitted a resignation with a calendar month's notice (as per contract). The employee then took a couple of days sick leave and sent a message that the person would not be returning to the office. No reason was given and no notice period was worked. Luckily it was the end of the month so we do not have to pay out the notice period that was not worked however the person is due 0.65 annual leave. Can the employer write this off or do they have to pay it to the employee? No other monies are due to the employee.

Posts: 423
Joined: 21 Jul 2014, 14:54

Re: Resignation and abscondment

Unread post by IRgunther » 23 Mar 2018, 15:23

Genrally, you may not withhold leave pay without the written consent of the employee.
See section 34 of teh BCEA:
Deductions and other acts concerning remuneration
34. (1) An employer may not make any deduction from an employee’s remuneration unless—
(a) subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or
(b) the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.
(2) A deduction in terms of subsection (1)(a) may be made to reimburse an employer for loss or damage only if—
(a) the loss or damage occurred in the course of employment and was due to the fault of the employee;
(b) the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made;
(c) the total amount of the debt does not exceed the actual amount of the loss or damage; and
(d) the total deductions from the employee’s remuneration in terms of this subsection do not exceed one-quarter of the employee’s remuneration in
(3)A deduction in terms of subsection (1)(a) in respect of any goods purchased by the employee must specify the nature and quantity of the goods.
(4) An employer who deducts an amount from an employee’s remuneration in terms of subsection (1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award.
(5) An employer may not require or permit an employee to—
(a) repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration; or
(b) acknowledge receipt of an amount greater than the remuneration actually received.

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