The silly season has arrived and employees are counting the days until their holidays. Unfortunately, December and January can be extremely challenging from a human resources perspective. Often, employees fail to return to work on the day they are due back. In terms of the common law, an employee has a duty to enter into and remain in service, other than during authorised periods of leave. If an employee is unable to return to work after a period of annual leave, the employee can reasonably be required to inform the employer of his/her whereabouts and the reason for the absence from work. However, this requirement is often not fulfilled and the employer is required to investigate the employee’s absence from work. Failure to return to work following annual leave does not necessarily warrant dismissal. The reason for the absence should be established before determining what action to take.

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