If an employee has failed to attend work for three days or more, it may be determined that they have abandoned their employment. The employee must have also failed to notify the employer as to the reasons for their absence. Regardless of the reason for absence from work, employees should make every effort to contact their employer or entrust someone else to do it on their behalf.
It is easy to assume an employee who has failed to turn up for work without explanation has ‘left for good”. However, this is not always the case. Sometimes an employee will have a good reason for being absent from work and is unable to contact their employer. This can happen if the employee has a medical emergency, has no access to phone reception, or, in extreme cases, has been incarcerated.
All employment agreements should contain a clause on abandonment of employment. However, even with such clause, the employer is required to make reasonable attempts to find out where the employee is, and if they intend to return to work. Terminating employment without attempting to make reasonable contact with the employee may result in a successful unjustified dismissal claim.
Managing an absent employee
When an employee has been absent without explanation for one working day, employers should take all reasonable steps to contact the employee, ideally on the first day of absence.
First, attempt to contact the employee via phone or email and reach out to their next of kin or emergency contact. It is also worth asking other workers if the absent employee has tried to contact the organisation.
The employer should make a reasonable number of attempts over several days.
If the employee gets in contact, ask questions to find out whether the employee intends to return to work or if they have a valid reason for their absence. Upon their return to work, an employer can consider starting a disciplinary process for their unauthorised absences.
It is important to listen to the employee with an open mind and consider any information about the absence, such as medical certificates before proceeding with further action.
Dismissing an absent employee
If a number of days have passed and the employer still has not been able to contact the employee and they have not made any contact whatsoever with the employer, the employer can start the abandonment process to end the employment relationship.
The employer can send notice to the employee’s last known address – stating that their employment is in jeopardy. Unless the employee responds within a certain timeframe, their employment will end due to abandonment of employment.
If there is still no response by the stipulated time, advise the employee in writing that, their employment is now considered terminated by reason of abandonment. The employer should then process any final pay.
Be sure to keep records of all attempts to communicate with the employee. This evidence will help defend against any claims of unjustified dismissal.
Remember, if an employer is going to end an employment relationship, they should act fairly and reasonably and have a good reason.
For advice on cases regarding abandonment of work and creating a job abandonment policy, contact the team at Peninsula for expert advice.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.
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