The Dismissal Letter For Unauthorised Absence From Work is a crucial document in South African employment practice, used when an employee has been absent from work without authorization or valid explanation for an extended period. It must comply with the Labour Relations Act 66 of 1995 and the Code of Good Practice on Dismissals, which require employers to follow fair procedures before termination. The document should only be issued after reasonable attempts to contact the employee and, where possible, after conducting a disciplinary hearing (even in absentia). It serves as the final step in the disciplinary process, documenting the unauthorized absence, previous communications, and the formal termination decision. The letter must include specific details about the absence period, final pay arrangements, and appeal rights to ensure legal compliance and protect both employer and employee interests.
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1. Letter Header: Company letterhead, date, reference number and addressee details
2. Subject Line: Clear indication that this is a notice of dismissal for unauthorized absence
3. Employment Details: Employee's position, department, employment start date, and employee number
4. Absence Details: Specific dates and duration of unauthorized absence
5. Previous Communications: Summary of attempts to contact employee and any responses received
6. Legal Basis: Reference to relevant company policies and labour laws violated
7. Dismissal Decision: Clear statement of termination decision and effective date
8. Final Instructions: Instructions regarding return of company property and final pay arrangements
9. Right of Appeal: Information about the employee's right to appeal the decision
10. Signature Block: Name, title, and signature of authorized company representative
1. Previous Warnings: Include if employee has received prior warnings for similar conduct
2. Disciplinary Hearing Details: Include if a disciplinary hearing was held in absentia
3. Benefits Information: Include if there are specific arrangements regarding benefits, pension, or other entitlements
4. Non-Compete Reminder: Include if employee is bound by post-employment restrictions
5. Reference Policy: Include if company needs to specify its policy on providing future references
1. Attendance Record: Record of unauthorized absences and attendance history
2. Communication Log: Copies of emails, letters, or records of phone calls attempting to contact the employee
3. Previous Warnings: Copies of any previous written warnings related to attendance
4. Company Policy: Relevant excerpts from company attendance and disciplinary policies
5. Final Pay Calculation: Breakdown of final payment including any deductions or outstanding payments
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Relevant Teams
Human Resources
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Industrial Relations
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Employee Relations
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Relevant Roles
HR Manager
HR Director
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Employment Relations Manager
HR Business Partner
Department Manager
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Operations Manager
Personnel Officer
Industrial Relations Manager
Compliance Officer
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Employee Relations Specialist
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