The Concept of Abandonment Explained

Often an employee doesn’t turn up for work for a few days without making any contact to explain the absence. The question then is, has the employee abandoned their employment?

This was the question the Full Bench of the Commission recently considered stating that the employer is required to make an "objective assessment" of the absence, that is, whether in the eyes of a reasonable person the conduct indicated that, the employee has indicated they no longer feel bound by their contract of employment.

The Court then went on to set out four issues to consider when deciding if the employee has actually abandoned their employment:

• An unexplained or unauthorised absence from the workplace.

• A reasonable period of time where the employee has been absent without explanation or authorisation.

• Whether there was any communication from the employee during the absence or the communication from the employee clearly displays an intention of not returning for work.

• Whether there was any enquiry by the employer in the time period when the employee was absent. That is, did the employer make reasonable efforts to contact the employee.

This case reinforces two critical points:

• Abandonment is an objective test (looking at the four points above, and

• Procedural fairness still counts (and everything should be documented)

If you need guidance on managing employee absences or understanding your workplace rights contact Andrew at Primary Employers Tasmania.