Standard charge formulation
It is alleged that you were absent from work without permission or valid reason from [START DATE] to [END DATE], and failed to notify your supervisor of your absence as required by Company policy, in breach of the Company Disciplinary Code.
Statutory guidance
| Statutory reference | LRA Schedule 8 (Code of Good Practice: Dismissal, 2025); BCEA s22-s23 (sick leave and proof of incapacity) |
|---|---|
| First-offence sanction guideline | Written warning for short absence; absence of more than 3 consecutive working days without contact may justify a final warning or dismissal after attempts to contact the employee. |
| Category | Misconduct |
CCMA procedural fairness checklist
- Attempts to contact the employee were made and documented (calls, SMS, WhatsApp, letter)
- Absence was not covered by approved leave or a valid medical certificate
- The employee was given a chance to explain the absence
- Distinguish AWOL (misconduct) from desertion (intention not to return)
- Payroll and attendance records are available as evidence
Frequently asked questions
- After how many days of absence can an employee be dismissed?
- There is no fixed number in law. Many disciplinary codes treat 3 or more consecutive working days without contact as serious. A hearing must still be held, and the employer must try to contact the employee first.
- Is AWOL the same as desertion?
- No. AWOL is absence with an intention to return; desertion is where the employee has no intention of returning. Both require fair procedure.
- What if the employee later brings a medical certificate?
- The chairperson must consider it. A valid certificate from a registered practitioner generally excuses the absence, although failure to notify may still be addressed.