RESIGNATION, CONSTRUCTIVE DISMISSAL & ABSCONDING FROM EMPLOYMENT

Written by Siphesihle Mthombeni

The hairdressing, cosmetology, beauty, and skincare industry is one of the most people-centred sectors in South Africa. Salons, spas, barbershops, nail studios and skincare clinics rely heavily on teamwork, professionalism, customer service and trust between employers and employees. Due to the fast-paced and highly interactive nature of the industry, disputes relating to resignations, dismissals and absenteeism frequently arise in the workplace.

Employers and employees alike must understand their rights and obligations when employment relationships come to an end. Whether an employee resigns, claims constructive dismissal or absconds from work, the employer must follow fair labour practices in accordance with South African labour legislation.

This article explores resignations, constructive dismissal and absconding within the context of the hairdressing, beauty, cosmetology and skincare industry.

Resignation in the Workplace

A resignation occurs when an employee voluntarily terminates the employment relationship. In the salon and beauty industry, resignations may happen for several reasons, including better employment opportunities, relocation, dissatisfaction with management, personal circumstances or career growth.

Although resignation is initiated by the employee, certain legal and procedural requirements still apply.

Notice Periods

Employees are generally required to provide written notice when resigning. The notice period is regulated by the employment contract and the Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare Industry (HCSBC).

The minimum notice periods prescribed in clause 23 of the MCA are:

• 1 (one) calendar day’s notice should termination occur during the 1st (first) month of employment;

• 1 (one) week if the Employee has been employed for a period exceeding 1 (one) month but less than 6 (six) months;

• 2 (two) weeks’ notice if the Employee has been employed for a period exceeding 6 (six) months.

For example, a senior hairstylist who has worked at a salon for three years would typically be required to provide two weeks’ notice before leaving employment.

During the notice period, employees are expected to continue performing their duties professionally. Employers should also continue to treat employees fairly and may not withhold salaries, commissions, or tips unlawfully.

Common Challenges in the Industry

The beauty and cosmetology industry often experiences issues where employees resign abruptly without serving notice, particularly after disagreements with management or when joining competing salons.

In some cases, employees leave with client information, product stock or appointment schedules, creating operational disruptions for businesses.

Employers should ensure that:

• Employment contracts clearly regulate resignation procedures;

• Restraint clauses, confidentiality provisions and commission structures are properly documented;

• Exit procedures are followed when employees leave the business.

Employees, on the other hand, should resign professionally and avoid conduct that could damage their reputation within the industry.

Constructive Dismissal

Constructive dismissal occurs when an employee resigns because the employer has made continued employment intolerable. Although the employee technically resigns, the law may regard the resignation as a dismissal if the employer’s conduct forced the employee to leave.

In terms of the Labour Relations Act (LRA), an employee may refer a constructive dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA).

Elements of Constructive Dismissal

To succeed in a constructive dismissal claim, the employee must prove that:

1. They resigned;

2. Continued employment became intolerable;

3. The employer was responsible for the intolerable working conditions;

4. There was no reasonable alternative other than resignation.

Constructive dismissal claims are serious and are assessed carefully by the CCMA or bargaining councils.

Examples in the Beauty Industry

Constructive dismissal can arise in salons, spas or skincare clinics where employers engage in unfair or abusive conduct. Examples may include:

• Persistent verbal abuse by salon managers;

• Unfair deduction of commissions or tips;

• Harassment or bullying by supervisors;

• Unsafe working conditions involving chemicals or equipment;

• Failure to pay salaries consistently;

• Discrimination based on race, gender, pregnancy, or nationality;

• Excessive working hours without proper compensation;

• Public humiliation in front of clients or colleagues.

For example, if a nail technician repeatedly reports non-payment of commissions and management refuses to address the issue while continuing to threaten the employee, the employee may eventually resign and claim constructive dismissal.

Employer Responsibilities

Employers in the hair and beauty sector should actively promote fair treatment and open communication in the workplace. Small workplace disputes often escalate because concerns are ignored or handled emotionally.

Employers should:

• Investigate grievances promptly;

• Treat employees respectfully;

• Apply workplace rules consistently;

• Avoid favouritism;

• Ensure proper payroll administration;

• Train managers and supervisors on labour law principles.

Constructive dismissal claims can expose businesses to financial liability and reputational damage. Prevention through proper management practices is therefore essential.

Absconding from Employment

Absconding occurs when an employee leaves the workplace without permission and fails to return or communicate with the employer for an extended period.

Absconding is a common challenge in the hairdressing and beauty industry due to:

• High staff turnover;

• Informal employment relationships;

• Flexible working arrangements;

• Commission-based structures;

• Seasonal employment patterns.

For example, a hairstylist may fail to report for duty after payday and become unreachable for several days or weeks.

Is Absconding Automatic Dismissal?

Many employers mistakenly believe that absconding automatically terminates employment. However, South African labour law requires employers to follow a fair procedure before dismissing an employee for absconding.

The employer must make reasonable efforts to contact the employee and determine the reason for the absence.

This may include:

• Calling the employee;

• Sending WhatsApp messages, emails or SMS notifications;

• Contacting emergency contacts;

• Issuing written notices to the employee’s last known address.

If the employee remains absent without explanation, the employer may proceed with disciplinary action.

Conducting an Absconding Process

Even where an employee is absent, the employer should still conduct a fair process. The employer should:

1. Record all attempts to contact the employee;

2. Notify the employee of a disciplinary hearing;

3. Hold the hearing in absentia if the employee fails to attend;

4. Consider all available evidence before making a decision.

The chairperson must determine whether:

• The employee intentionally deserted the workplace;

• The employee had a valid reason for absence;

• The employee intended to return to work.

Dismissal may be justified if the employee abandoned employment without reasonable explanation.

Distinguishing Abscondment from Desertion

Abscondment and desertion are often confused. Desertion generally refers to a situation where the employee has no intention of returning to work at all. In practice, employers should avoid assumptions and investigate each matter carefully before concluding that the employee deserted employment.

For example, an employee who disappears for several days due to a medical emergency may not have intended to desert the workplace.

Importance of Employment Contracts

One of the biggest risks in the hairdressing and beauty industry is the lack of formal employment documentation. Many salons operate informally, leading to misunderstandings regarding notice periods, working hours, commission structures and disciplinary procedures.

Well-drafted employment contracts help protect both employers and employees by clearly setting out:

• Job responsibilities;

• Working hours;

• Leave entitlement;

• Commission structures;

• Notice periods;

• Workplace rules;

• Disciplinary procedures;

• Confidentiality obligations.

Clear contracts reduce disputes and improve workplace accountability.

The Role of Workplace Policies

Salon owners and managers should also implement workplace policies dealing with:

• Attendance and absenteeism;

• Communication procedures;

• Resignation requirements;

• Grievance handling;

• Harassment and bullying;

• Social media conduct;

• Client confidentiality.

Policies should be communicated to all employees during induction and training sessions.

Managing Workplace Relationships Professionally

The beauty industry often operates in close-knit environments where employees work closely together for long hours. Personal relationships, emotional stress, and workplace conflict can easily affect business operations.

Employers should strive to create respectful and professional environments where employees feel heard and valued.

Employees should also:

• Follow proper communication channels;

• Raise concerns professionally;

• Avoid abandoning employment without notice;

• Respect workplace procedures.

Maintaining professionalism benefits both the business and the employees’ long-term careers.

In conclusion, resignations, constructive dismissal and absconding are common employment issues within the hairdressing, beauty, cosmetology and skincare industry. However, many disputes can be avoided through proper communication, fair workplace practices and compliance with labour legislation.

Employers must remember that even in fast-paced salon environments, labour law obligations still apply. Fair procedures should always be followed before terminating employment, particularly in cases involving absenteeism or workplace conflict.

Employees should likewise understand their responsibilities regarding resignation procedures and workplace conduct.

Ultimately, healthy employment relationships contribute to stronger businesses, improved staff morale and better client service within the beauty industry. By understanding the legal principles surrounding termination of employment, both employers and employees can protect their rights while promoting fairness and professionalism in the workplace.