Separation – Abandonment Of Employment

Purpose

The purpose of this policy is to ensure that all relevant documents are completed, all requirements met and the correct entitlements paid in situations where an employee is deemed to have abandoned their employment.

Employees of [enter-your-company-name-here] are required to comply with the requirements relating to        attendance at work.  These requirements are established through their contracts of employment, through company policy and procedures and in most cases in accordance with their rosters.

This policy applies to all permanent full-time and part-time employees.

Policy

[enter-your-company-name-here] will develop appropriate policies and procedures relating to leave and work patterns that enable employees to attend for work as required, while allowing them to have adequate time to manage external issues and commitments.

Where employees require time off from work, they should be comfortable in utilising these policies and procedures as intended.

Under specific circumstances, employees and Managers may agree to additional time away from the workplace to deal with individual issues.  This would normally only be done after consultation with the Human Resources Department.

Employees are required to notify [enter-your-company-name-here] of any unplanned absence as soon as practical.

Employees who do not notify [enter-your-company-name-here] of their absence will be deemed to have abandoned their employment after a period of three consecutive work days.  This is contingent on [enter-your-company-name-here] attempting to contact the employee in accordance with the procedure outlined below, unless the employee is able to show evidence to the contrary.

Definitions

Abandonment of Employment is where an employee is deemed to have repudiated their contract of employment by not attending for work and by not notifying their supervisor as required. 

The absence must be for a minimum period of three consecutive work days and attempts must have been made by the Manager to contact the employee.

Responsibilities

It is the responsibility of Management to ensure that:

• every effort is made to contact employees who are absent from work without notification
• all company property is accounted for after the employment has been terminated by way of abandonment
• all required documentation is completed to ensure the employee receives all correct entitlements

It is the responsibility of all Employees to ensure that:

• they comply with the required absence notification process as appropriate to their area of work

It is responsibility of the Human Resources Department to ensure that:

• all cases of termination by way of abandonment are reviewed to ensure the appropriate procedural steps have been taken
• all paperwork and documentation is completed to ensure employees, who have abandoned their employment, receive their correct entitlements as soon as possible

Procedure

• Managers are responsible for managing and monitoring any absences of their employees.
• If an employee does not attend for work as required and the Manager has not been contacted, the Manager should ascertain whether the employee has made any contact with other employees or Managers within the company.
• If there has been no attempted contact to notify of an absence, the Manager should attempt to contact the employee.  If contact is made, the Manager should ask for details of the absence including reasons, expected duration and explanation as to the failure to notify.  At this point, the Manager should make a determination as to the possibility of counselling.
• If initial attempts to contact the employee are unsuccessful, detailed notes should be kept on the efforts made and the results.  These notes will be useful in the event of further action.  Again, the Manager should consider the appropriateness of counselling upon the employee’s return (see the Managing Performance Issues policy).
• If the employee fails to attend for work on a second consecutive work day and there has been no notification from the employee, the Manager should contact the Human Resources Department as soon as possible to review the situation.  If satisfied that the employee has failed to notify of the absence, and the Manager has attempted to contact the employee the previous day(s), the Manager should arrange for a registered letter to be sent to the employee.  The letter should state the company’s notification requirements and consequences if the employee does not contact the Company immediately.  Appendix A contains a sample letter to be used for this purpose.
• If the employee responds to the letter on that day, the Manager should ascertain the details as per above.  A determination as to possible counselling on the employee’s return should also be assessed.
• If the employee fails to attend for work on a third consecutive work day, and there has been no notification, the Manager should contact the National Manager Employee Relations as soon as possible to review the situation.  If it is determined to terminate the employee, the Manager, in conjunction with the National Manager Employee Relations, will arrange for a letter to be sent to the employee.  This letter will terminate their employment as a result of abandonment.  Appendix B is a sample letter to be used for this purpose.
• The Manager should complete a Staff Termination Report and forward it to the Human Resources Department immediately for processing.  Where the termination involves an employee at Management level, the Staff Termination Report must be counter-signed by the General Manager Human Resources.

Termination Payments

The Human Resources Department will arrange for Payroll to prepare the final payment. Payment on termination will be in accordance the individual’s contract of employment. 

In the case of employees covered by an Award, provisions of the appropriate Award will apply.  In the case of an individual not covered by an Award the terms of the employment contract as agreed in writing will apply.

Certificate of Service

As a rule, written references are not to be given to employees of [enter-your-company-name-here].  However, a Certificate of Service, prepared by the Human Resources Department, may be given on request. In all cases, a copy of a Certificate of Service should be included in the employee’s personal file. A draft Certificate of Service is attached as Appendix C.

Exit Interviews

Feedback from employees leaving the organisation can provide valuable information on their perception of [enter-your-company-name-here] and the way it is managed.  The Human Resources Department will arrange for the employee to complete an exit interview.

Recovery of Property

The employee’s Manager is responsible for making necessary arrangements to recover company property and must complete a Termination Checklist once all company property has been returned.

Final Payment

On the satisfactory completion of the Termination Checklist, the Human Resources Department will advise Payroll to process the final payment for the employee.  All final documentation will be returned to the Human Resources Department for filing.