There is a great deal of case law related to the distinction between desertion and absconding which it is not necessary to go into.

Suffice it to say that where a domestic worker abandons the workplace it cannot be assumed that he/she has deserted and that the employment relationship has automatically come to an end.

Consequently, where a domestic worker abandons the workplace he/she should be disciplined for misconduct (click to see the procedure set out in Chapter 8).

The domestic worker should be called to a disciplinary enquiry and asked to provide an explanation for his/her failure to attend work. If the domestic worker receives such notice but fails to attend the disciplinary enquiry then he/she can be dismissed and notice of his/her dismissal can be sent.

Quite often it may be difficult to contact a domestic worker who has absconded. It is for this reason that the sample contract of employment below requires the domestic worker to specify a cell phone number and provides that the employee agrees to accept notice at that cell phone number. If such an agreement is in place, the relevant notices can be sent by way of SMS.

If you are unable to contact your domestic worker and there is no agreement in place which provides for notice in such circumstances, then if the domestic worker returns to work a disciplinary enquiry can immediately be convened upon his/her return. If he/she is unable to offer a proper explanation for absenting himself/herself and failure to advise you that he/she would not be returning to work then a dismissal can be effected. It goes without saying that an employee is not entitled to be paid if he/she does not attend work and consequently under no circumstances should a domestic worker who absconds be paid.