Abandonment of employment occurs in cases where there is a clear act by the employee (other than a deliberate and intended resignation) that indicates the employment relationship is at an end.
Failure by the employee to advise the reason for any absence more than three (3) sequential working days, without being excused or giving proper notification, will be abandonment of employment, and will be deemed the employee has resigned giving no notice.
Abandonment of Employment Process
The abandonment of employment process is summarised as follows:
- Employee fails to report to work.
- An attempt to contact the employee via telephone, mobile phone, email, work colleagues has occurred.
- A written letter has been sent via registered post to the employee’s home address stating they haven’t reported to work as scheduled asking them to contact you within 7 days of the date of this letter with the reason for their absence.
- If no reply was received by the specified date, a second letter has been sent stating that if they do not contact you within 7 days of the date of this letter it will be accepted that they have abandoned their employment.
If the employee has made no attempt to contact the company to continuing their employment, or the excuse for the absence is unsatisfactory, the employer may assume that the employee has abandoned their employment from the date the employee last attended for work.
Payment of Wages
Payment on termination for outstanding wages, annual leave and long service leave must be tendered to the employee. There may be an ability to withhold wages in respect of any period of notice not served by the employee in accordance with their contract of employment and/or Award or Agreement.