DEPARTMENT OF EDUCATION AND CULTURE, KZN
POLICY ON ABSCONDMENT
1. PREAMBLE
The issue of addressing both educators and public servants who abscond
from duty is a cause of concern to the KZN Department of Education and
Culture (herein after referred to as the KZNDEC). Therefore it is imperative
that a unified procedure which complies with all the relevant legislation is
followed by all managers and employees in addressing this problem.
2. PURPOSE
The purpose of this policy is to ensure procedural correctness in addressing
the issue of personnel who abscond from duty.
3. OBJECTIVES
The objectives of this policy are:
•
To ensure that a fair procedure is followed when dealing with
abscondment.
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•
To ensure that managers and employees share a common
understanding in dealing with matters of abscondment.
•
To provide managers and the employees with a quick and easy
procedure for dealing with abscondment.
•
To prevent arbitrary and discriminatory actions by managers
towards employees who have absconded.
4. SCOPE OF APPLICABILITY
This policy applies to the following:
•
Employees employed in terms of the Public Service Act, 1994 (Act No 103
of 1994), as amended.
•
Employees employed in terms of the Employment of Educators Act, 1998
(Act No 76 of 1998) as amended.
5. AUTHORISATION
•
The Constitution of the Republic of South Africa, 1996 (Act 108of 1996)
•
Labour Relations Act, No 66 of 1995, as amended.
•
Employment of Educators Act No 76 of 1998, as amended.
•
Public Service Act, No 103 of 1994, as amended
•
Public Service Regulations
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6. POLICY PROVISIONS
In terms of Section 17(5) of the Public Service Act, 1994, as amended “An
officer, other than a member of the services or an educator or member of
the National Intelligence Services, who absents himself or herself from his or
her official duties without permission of his or her head of the department,
office or institution for a period exceeding one calender month, shall be
deemed to have been discharged from the Public Service on account of
misconduct with effect from the date immediately succeeding his or her
last day of attendance at his or her place of duty.
Section 14(1) of the Employment of Educators Act 76 of 1998, as
amended, provides
that “An educator appointed in a permanent
capacity who is absent from work for a period exceeding 14 consecutive
days without permission of the employer, shall, unless the employer directs
otherwise, be deemed to have been discharged from service on account
of misconduct, with effect from the day following immediately after the
last day on which the educator was present at work.
The procedure to be followed in respect of personnel who abscond is
outlined hereunder:
6.1 PROCEDURE IN THE EVENT AN EMPLOYEE DOES NOT REPORT FOR DUTY
6.1.1 An employee, may not absent himself/herself until he/she has applied
for leave and such application has been approved, except an
employee Who has been absent due to sudden illness.
6.1.2 Should an employee absent himself/herself without permission, for the
period exceeding one calender month in respect Public Servants and 14
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consecutive days in respect of educators, he/she shall be deemed to
have been discharged from service in terms of the applicable legislation.
6.1.3 If an employee is absent for a period of three consecutive days without
informing the supervisor of the reason for his / her absence, the
supervisor must, on the fourth day of such absence, make every
endeavor to trace the employee’s whereabouts and such must be
recorded.
6.1.4 At the expiry of 5 consecutive days from the first day of absence, the
manager/supervisor shall send a registered letter to the employee’s last
known address informing him/her to return to work immediately, failing
which relevant legislative provisions shall be invoked.
6.1.5 Termination shall be effected immediately
6.2 PROCEDURE IN THE EVENT AN EMPLOYEE REPORTS FOR DUTY BEFORE THE
EXPIRY OF THE RELEVANT TIMEFRAME
6.2.1 In the case where an employee reports for duty before the expiry of the
period prescribed in the relevant legislation, such employee must be
allowed to resume duty.
6.2.2 On resumption of duty, the employee must submit written reasons
immediately together with the supporting documents for his/her
absence not later than two days. The granting of unpaid leave should
be done in terms of delegated authority.
6.2.3 The supervisor must submit the report referred to in 6.2.2 to his/her
immediate supervisor for further assessment.
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6.3
PROCEDURE TO DEAL WITH AN EMPLOYEE WHO IS DEEMED TO HAVE BEEN
DISCHARGED.
6 3.1 In the event where an employee who is deemed to be discharged,
reports for duty, he/she must under no circumstances be allowed to
resume duty. He/she must be informed of his/her rights to apply for reinstatement in terms of section 17(5)(b) of the Public Service Act or
section 14(2) of the Employment of Educators Act 76 of 1998.
6.3.2 If an employee who is deemed to be discharged wishes to be reinstated, he/she must apply to the Senior Manager: HRM giving reasons
why he/she should be re-instated through the RSM who will make
recommendation
6.3.3 On receipt of the report of the application for re-instatement, the
Senior Manager: HRM shall consider the application and communicate
the decision to the employee.
7 DISPUTE RESOLUTION
All disputes arising out of this policy will be dealt with in terms of the
applicable dispute mechanism.
8 CONCLUSION
Observance of the above will ensure procedural correctness in addressing
the issue of personnel who abscond from duty. The non- or late
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implementation of these procedures may lead to the disciplinary steps
being taken against the responsible manager.
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