Posted on: May 15, 2012
Employment agreements may include a term (called an abandonment clause) to the effect that an employee who fails to attend work for a consecutive number of days (usually a minimum of three days), without consent or without notifying the employer shall be deemed to have abandoned his or her employment. In such a situation, the employee is treated as if he or she had terminated the employment and there is no dismissal.
Before invoking an abandonment clause and terminating the employment, the employer must make numerous genuine attempts to contact the employee to ascertain the reason for the absence. If you’re in this situation, take notes of the days and times that you have attempted to make contact and the method used – eg, cell phone calls (leave messages), text messages, emails, letters to his/her home etc.
We also recommend couriering a letter to the employee’s house as a final measure to ensure you have evidence that you have attempted to contact the employee, and have provided amble opportunity for him/her to respond before terminating the employment.
If you have any questions about the abandonment process please contact Paul Diver Associates for specific advice.
This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.