In Australia abandonment of employment refers to a situation where an employee stops attending work without any prior notice or explanation to their employer. This can leave employers in a difficult situation as they are unable to determine whether the employee will return to work or has resigned from their position.
In this article we share the how abandonment of employment is typically determined, employer obligations, and tips for employees.
In order to determine whether an employee has abandoned their job, the employer must take reasonable steps to contact the employee and seek an explanation for their absence. This can include phone calls, emails or written correspondence requesting that the employee return to work or provide an explanation for their absence.
If the employer has made reasonable attempts to contact the employee and receives no response, they may assume that the employee has abandoned their job. This can result in termination of employment and the employee may be ineligible for any entitlements or compensation related to unfair dismissal.
As stated by Fair Work, if an employer believes their employee has abandoned their employment, they must make every reasonable effort to contact an employee.
It is important for employers to have clear policies and procedures in place regarding absence from work and notification requirements. This can include outlining the consequences for failing to attend work or provide notice of absence, as well as the steps that will be taken to contact the employee and determine if they have abandoned their job.
In most cases, the first step taken by the employer is to try to get in touch with the employee to determine their reason for absence. If the employee can provide a valid reason, such as sickness or unexpected family emergency, the employer might consider a leave of absence. However, if the employee fails to respond or provide a valid reason, it will be considered as abandonment of employment.
To prevent abandonment of employment, employers should establish clear and concise communication channels with their employees. Regular check-ins or performance evaluations can help identify any issues or challenges faced by the employee that may lead to their absence from work. In addition, offering support programs, such as career development or mental health support, can promote employee engagement and commitment.
Employees can avoid abandonment of employment by maintaining clear communication lines with their employer. When you are unwell or sick, ensure you notify your employer and provide any supporting evidence as required. When taking annual leave or recreational leave be sure to have the relevant approvals in place prior to taking your leave.
Our team here at AWDR have put together some case examples where abandonment of employment has been at the centre of a claim at Fair Work. Abandonment Case Examples.
Do you feel you have been a victim of unfair dismissal under abandonment of employment?
Employees who are facing termination due to abandonment of employment are advised to seek professional or legal advice from workplace investigators such as Australian Workplace Discrimination Representatives to ensure that their rights are protected and that they receive any entitlements or compensation they may be eligible for. Contact our team today for a confidential no obligation consultation.
