Background

Have you ever encountered a situation where an employee has become unreachable or seemingly disappeared without a trace of communication? As an employer, you might be wondering what are the next steps and what are the implications.

This situation could potentially be classified as ‘abandonment of employment’. Understand what to do in this scenario, ensuring you adhere to the appropriate procedures for handling this sensitive workplace issue. 

Definition of Abandonment of Employment

‘Abandonment of employment’ refers to the scenario where an employee stops attending their workplace for an extended period without providing the employer with a reason for doing so. This demonstrates either an unwillingness or inability to fulfill their job duties, effectively leading to the abandonment of their role. 

When employees abandon their job without justification, it is typically regarded as a resignation without notice. Thus, you may have grounds to terminate employment.  

Abandonment scenarios

How to tell if your employee has abandoned their employment:  

• Employee has not come into work for a prolonged period. 

• Employee has not provided a reason for their absence;  

• Employee has not been responsive to attempts from the business to contact them. 

Abandonment is not:

• Employee has communicated they will be temporarily absent  

• Employee is on approved leave  

• Employee is unexpectedly absent with reasonable explanation, but has been responsive to calls enquiring about their absence 

• Employee is working from home with authorisation  

Following the process:

On the basis your employee has not contacted the business for a prolonged period, you can start the abandonment of employment process: 

Step 1: Call your employee, leave a voicemail asking them to call you back. If they do not have a voicemail, follow-up with a text message asking the same.  

Step 2:  If employee does not make contact by the end of the day – call again and leave a voicemail providing them with a call back deadline – close of business the next day is recommended.  

Step 3: If this persists and the employee does not meet this deadline – send a formal letter to the employee (email or post) which gives them notice they have to make contact or you will consider this is intent to abandon employment. In the letter allow a reasonable time to respond – e.g. until the end of the business week.  

If you receive no response – you can end employment. 

Step 4: Once the deadline has passed without communication from the employee, send a second formal letter to the employee. The letter will state the attempts to make contact, the date which employment will be ended due to abandonment, along with any outstanding wages or entitlements owed.  

Step 5: Pay any final entitlements or wages owed. In certain situations, employers may withhold wages for any notice period not fulfilled by the employee as outlined in their modern award, employment contract, or agreement with the employer. 

It is crucial to maintain comprehensive documentation throughout this process. This documentation should encompass, but is not restricted to, texts, emails, phone logs, and letters. 

If uncertain, ensure to send the text message and place the call. Send the email and dispatch the letter as well.

What if your employee makes contact during the process?

It’s crucial to understand if your employee contacts you at any point during this process, you will need to initiate the process from the beginning. 

The purpose of this process is to prevent situations where an employee could reasonably claim they were unable to respond, thus not fully understanding the consequences of failing to engage. The Fair Work Commission views dismissal as significantly impacting someone’s life and expects businesses to conduct a thorough process when ending a person’s employment that demonstrates awareness of these impacts before taking such actions. 

Restarting the process also ensures consistency and fairness. It treats each case fairly and transparently, providing clarity through clear communication and thorough documentation of interactions and decisions.  

Conclusion  

Managing a situation where an employee appears to have abandoned their role requires careful adherence to established procedures to ensure fairness and compliance. By following the outlined steps, you can handle the matter with due diligence. It is essential to treat each case individually and restart the process if the employee re-engages, ensuring transparency and consistency throughout. Properly navigating this process not only protects your business but also upholds the principles of fairness and respect in the workplace.