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Must I pay accumulated leave pay if my employee absconded?
Labour Bulletin | 3 June, 2010 | Hot Topics:
Dear Reader
Welcome to your first Labour Bulletin for June.
We’ve been a bit confused around the office recently…one of our colleagues has disappeared without a trace! I’m being a bit dramatic, as I’m sure he’s fit and well, and has probably started a new job…but either way, one day he was at work and the next he was gone.
The Big Boss did try all possible means of contacting him, with no luck. So she’s assumed he’s simply not coming back. Her next question was aimed at me…”how much do I have to pay him?”
I found a recent question a subscriber had asked me about the same thing. Let’s see what our expert consultant had to say:
Must I pay accumulated leave pay if my employee absconded?
Question
My employee worked for 8 hours on 1 April, for 5 hours on Saturday, 3 April at 1.3 times overtime and for 1.5 hours on Tuesday, 6 April.
He then absconded and didn’t return to work. On investigation we found he had gone to Durban and didn’t intend to return to work.
We’ve paid him for the days worked in April, but are we liable to pay him for his accumulated leave?
Answer
Yes, you must pay him for accumulated annual leave days to his credit that he hasn’t taken, unless he was employed by you for four months’ or less, in which case you don’t have to pay him the leave pay.
Now you’ll know what to do if one of your employees absconds
So, I could pass this information on to my boss, and hopefully it’ll help you if you’re faced with the same situation.
Until next time
Sarah-Jane Bosch
Managing Editor
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Editors note
Michelle Govender
Labour Bulletin Editor
The Labour Bulletin team speaks to subscribers every week on landmark labour events and offer valuable and practical information from the Handbook, from questions and answers and from our experts that subscribers can use now to benefit their business.
