Labour Law

AWOL — Absent Without Leave

AWOL (absent without leave) means an employee is absent from work without permission and without notifying the employer. It constitutes misconduct and can lead to dismissal after proper procedure.

Legal Definition

An employee who is AWOL has not obtained authorised leave and has not communicated with the employer. Under the Code of Good Practice: Dismissal, desertion (extended unexplained absence) may warrant dismissal, but a fair procedure — including attempts to contact the employee — must be followed.

📖 Constitutional / Statutory Basis: Section 23, Constitution of the Republic of South Africa, 1996; Labour Relations Act 66 of 1995

Practical Example

An employee disappears for five days without contact. After reasonable attempts to reach them, the employer sends a registered letter to their last known address requiring a disciplinary hearing. If they fail to appear, the hearing proceeds in absentia.

Frequently Asked Questions

Can I be dismissed for being AWOL for one day?

Generally not for a single day, unless there is a prior record. Length of absence, prior warnings, and the reason for absence are all weighed.

What must my employer do before dismissing me for AWOL?

Make reasonable efforts to contact you, invite you to a disciplinary hearing, and consider your explanation before making a decision.

Does AWOL affect my UIF?

Dismissal for misconduct (including AWOL) does not automatically disqualify you from UIF — the CCMA or UIF may review the circumstances.

Related Terms

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