Abandonment of employment occurs when an employee, through their actions or inactions, clearly indicates that they no longer wish to continue working. This is typically demonstrated by an unexplained or unauthorised absence from the workplace, with no communication from the employee during this period. If the employer attempts to contact the employee but receives no response, or if the employee communicates an intention not to return, this may be considered abandonment.

Key Elements of Abandonment of Employment:

• Unexplained Absence: The employee is absent without any explanation or authorisation.
• Reasonable Absence Period: A reasonable time has passed during which the employee has not communicated with the employer.
• Lack of Communication: There has been no contact from the employee, or the communication received indicates an intention not to return to work.
• Employer Enquiry: The employer has made attempts to contact the employee during the absence.

Steps Employers Should Take if They Suspect Abandonment of Employment:

1. Assess the Situation:
   • Consider the circumstances surrounding the employee’s absence.
   • Evaluate the length of the absence, any reasons provided, and any contact made by the employee.
2. Attempt to Contact the Employee:
   • Reach out to the employee via telephone or email to enquire about the reasons for their absence.
   • Make multiple attempts if initial contact is unsuccessful.
   • Document all attempts to contact the employee.
3. Request an Explanation:
   • Send a written request directing the employee to contact the employer and provide an explanation for their absence.
   • Clearly state that the absence is unauthorised and that failure to contact the employer within a specified time may result in termination due to abandonment.
   • Allow sufficient time for the employee to respond.
4. Follow Up if Necessary:
   • If there is no response, repeat the request for an explanation.
   • Ensure the employee understands the implications of not responding.
5. Determine Abandonment:
   • If the employee fails to return to work or provide a reasonable explanation, send a final letter via registered post or courier.
   • Advise the employee that due to their failure to return to work or contact the employer, the employer has concluded that they have abandoned their employment.
   • Notify the employee of their last date of employment, typically the date of the abandonment notification letter.
6. Finalise the Employment:
   • Generally, in cases of abandonment, the employer is not required to provide notice of termination, as the employment relationship has effectively ended at the employee’s initiative.
   • Return any personal items to the employee’s last known address.
   • Retain all documentation related to the abandonment on the employee’s file.

Timeframes for Assuming Abandonment:

There are no set timeframes established by legislation or case law for assuming abandonment. What is considered reasonable will depend on the specific circumstances. For example, if an employer is aware that an employee has travelled overseas, a longer period may be required before assuming abandonment than if the employee is in Australia. Employers should seek advice on what constitutes a reasonable timeframe in their specific situation.

Practical Tips for Employers:

• Develop a Policy: Create a clear policy on abandonment of employment.
• Clarify Leave Requirements: Ensure that leave and absenteeism policies specify notice and evidence requirements, in line with the National Employment Standards (NES), awards, and enterprise agreements.
• Keep Accurate Records: Maintain detailed records of unauthorised absences and all attempts to contact absent employees.

By following these guidelines, employers can handle cases of suspected abandonment of employment in a fair and compliant manner.