[Question] Abscondtion / descertion query

[Mary-Jayne Sims]

Good Day, I need advice on the following situation please with regards to a worker. On 15 March he sms'd staying he had been admitted to hospital for his back and will be having an operation and for my husband to get on with his life!! Cell phone promptly gets turned off. All efforts to contact him are fruitless as well as tracing his admittance into any local hospital. On the Monday we contact his wife at her place of work and she confirms he has been admitted to hospital. The ward she gave us at the said hospital was a female ward and again no knowledge of the "patient" No contact from him nor his family whatsoever from hereon. During March was husband was seriously ill and needed the help of this worker to assist in the running of the business - which he obviously felt no compassion/loyalty towards my husband or his work. Nevertheless, we continued to pay his contributions over for month of April (from our own pocket) as no wages were paid to the worker- and we thought it would be a kind gesture by giving him one months grace. On going efforts to contact him telephonically continued to be fruitless. He had moved home during the December shutdown and we requested his address from him numerous times to update our records and it was never forth coming. During the first week of May my husband called on a business in town who he deals with frequently and who should he see working at this business BUT the worker!! You can imagine how my husband felt!!! SO to sum up the scene, the worker lied to my husband about being admitted to hospital, he never had a back operation, there was no effort or even an attempt to contact his place of work either by telephone, post, messenger, or calling at his place of work for nearly 3 months. What do we need to do to ensure we don't get hauled off to the CCMA? I had thought of getting an Affidavit drawn up stating the facts, and drafting a Letter of Termination and try and get the worker to sign that...not sure if this is correct? Can you please advise.

[AndyD]

I'd suggest you contact the CCMA yourself, explain your situation and ask them their advice on how to complete the termination process. Usually they're happy to advise and will also give you a reference number which you can refer to in future if there's ever any comeback.

Once you've completed the termination process you can start the civil suit for damages

[Dave A]

I suggest:

Serve the worker notice of a disciplinary enquiry into his absence.
Deliver the notice at his new place of work.
Do so in the presence of a witness.

[sterne.law@gmail.com]

Go with the notice as Dave says.