Has an employee abandoned their employment in Australia?
What to do when an employee stops attending work or communicating, and why employers should not assume resignation too quickly.
Abandonment is generally associated with an employee being absent for an unreasonable time without a reasonable excuse or communication. Employers should not automatically treat a missed shift or silence as resignation. They should make all reasonable attempts to contact the employee, check for an emergency or protected absence, document each attempt and seek advice before ending employment.
Modern awards no longer contain automatic abandonment clauses. Whether the employee intended to abandon employment depends on the circumstances and evidence.
Work through it in this order.
Check the immediate facts
Confirm the roster, absence, prior notice, leave request, emergency contacts and any messages received by managers or co-workers.
Make reasonable contact attempts
Use the available phone, email and emergency contact channels. Ask the employee to contact the business by a reasonable deadline and retain delivery records.
Consider protected absence
Illness, injury, family responsibilities, workplace complaints or other protected circumstances may require a different response.
Decide and communicate carefully
If there is still no response, seek advice on whether the evidence supports resignation, abandonment or an employer-initiated dismissal, and confirm the outcome in writing.
What employers often miss.
- Do not backdate termination without a sound basis.
- Long-term illness and workplace injury can involve additional protections.
- Final pay and record-keeping obligations still need to be completed.
Check the primary guidance.
Open any source, or first have HR OK email you the practical employer checklist for this issue.
↗Official pages can change. HR OK monitors legislation and source updates, but the facts of the particular workplace still matter.