Recent cases around abandonment of employment have highlighted the need for clear provisions in workplace policies and employment agreements. Employee abandonment occurs when an employee fails to show up for work without informing the employer, which may leave the employer unsure whether the absence is intentional or due to an emergency.
It’s considered good practice for employment agreements to include a clause outlining the conditions under which an employee may be considered to have abandoned their position. This typically occurs after a set period of unexplained absence, often three consecutive working days. The agreement should also outline the steps an employer should take before assuming abandonment, including attempting to contact the employee through multiple channels—phone, email, text, or letter.
An employer should make ‘reasonable’ attempts to contact the employee to ascertain the reason for the absence. These attempts must be documented and should include various methods of communication to ensure all avenues have been explored.
Employers cannot assume abandonment after just a few days of unexplained absence, as the employee may have a legitimate reason for their absence. For example, they could be on unauthorized leave with the intent to return to work. In such cases, the absence should be treated like any other suspected misconduct and handled appropriately.
Before deciding whether an employee has abandoned their role, the employer should:
If no response is received after several attempts to reach the employee, the employer should formally notify the employee, either by phone, email, or letter, that their continued absence could result in the termination of their employment. This notice should reference the abandonment clause in the employment agreement, if present.
The employer should clearly state a deadline by which the employee must respond. If there is still no response by the specified time, the employer may proceed to formally end the employment relationship, citing abandonment as the reason for termination.
For example, the employee could formally and/or email or deliver a letter to say that “despite many attempts to communicate with you by telephone, text and email and having received no response, continued absence from the workplace leaves the company with no option but to assume that you have terminated their employment by reason of abandonment”.
It’s crucial for employers to document every attempt to contact the employee and keep a record of all communications in case of future disputes. When managing employee abandonment, employers must ensure they follow a fair and reasonable process, considering all circumstances before deciding to terminate employment. By including clear abandonment clauses in employment agreements and acting with care and due diligence, employers can protect both their business and the rights of their employees.
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