Abandonment of employment is a complicated and risky area, and not one that necessarily comes up often for business owners. However, if an employee is a no show, managers need to handle these types of situations with careful consideration and respect, ensuring proper processes are followed to avoid potential legal ramifications.
Importantly, employers must not hastily conclude that an employee has abandoned their employment simply because they did not show up for work, especially if there is any indication they intend to return. To determine if there has been a genuine abandonment of employment, it must be that established that the termination is at the employee’s initiative.
What should I do if I suspect my employee has abandoned their employment?
If an employee is suspected to have abandoned their employment, the employer must make reasonable attempts to contact the employee. In making ‘reasonable attempts’ to reach the employee, employers should utilise various communication methods such as telephone, email, text message, and even reaching out to next of kin in a concerted effort to establish contact.
How long should I wait for the employee to respond?
Apart from allowing a ‘reasonable’ amount of time to pass, it is important to note that there is no statutory timeframe that an employer must wait before it can assume that an employee has abandoned their employment. However, in determining a ‘reasonable’ amount of time, it is important to consider the following:
- The employee’s circumstances leading up to the unexplained absence (such as approved leave);
- Previous absenteeism patterns and behaviour;
- The employee’s physical and/or mental health; and
- Any recent contact with the employee or their next of kin.
The employee won’t respond to any attempts to contact them, what are the next steps?
Abandonment of employment letter – After all available communication channels have been exhausted and a reasonable amount of time has passed, the employer can consider commencing the abandonment of employment process. To do this, it is recommended to prepare a letter outlining that the employee has been absent without explanation, the business has made reasonable attempts to contact them and, should the employee not respond within 7 days, it will be considered they have abandoned their employment.
Termination Letter – If the employee fails to respond to the abandonment of employment letter within the prescribed timeframe, and they have not contacted the business, a termination letter can be issued confirming that employment has ended by way of abandonment of employment. As a matter of best practice, this letter should be sent via email and registered post.
If you need advice to understand when an employee’s absence can be considered abandonment of employment, or for assistance preparing an abandonment of employment letter, get in touch with our team today – we can help!