Absenteeism of staff is a regular issue most employers face. It is no secret that regular absence can be disruptive to the daily operations of any business. Staff who were absent have various excuses, especially illness, and sometimes employers feel that the legislation is written in such a way that it does not allow for proper recourse to be taken without being referred to the CCMA or relevant Bargaining Council.

When dealing with absenteeism it must be noted that it is the employees duty to communicate their absence to the employer in a timeous manner as their absence is likely to affect the employers operations in a negative way. 

To answer the question as to what recourse can be taken by employers, the answer is as follows: 

  1. Employees who are absent and return to work after recovering, with a valid medical certificate may still be disciplined if they have not communicated their absence to the employer, thus resulting in the employer not being able to make timeous arrangements to alleviate operations during the period of absence.
  1. Should an employee be absent on numerous occasions, the employee could be placed into an ill health investigation to ascertain the nature of their condition as it affects company operations. If it is found during the investigation that the employee is abusing sick leave they may be disciplined therefore. 

Employers must remember that although labour legislation governs the employment relationship and helps employees to not get dismissed unfairly, it also protects employers against employees that abuse sick leave. Action can be taken against staff should they fail to follow the company policies and procedures pertaining to absenteeism.

Invictus Group is able to assist employers their labour law challenges. Contact us on 0861 737 263, so our team of experts can provide you with best practice advice and assistance.