What should employers do when employees are absent from work and not communicating. Employers sometimes think that if employees disappear and stop talking to them, it means the employees have quit their jobs. They assume this would protect them from unfair dismissal claims. However, it’s not that simple.
The Fair Work Commission, which deals with workplace issues, doesn’t quickly decide that an employee has quit. They look closely at the situation. So, employers can’t just assume abandonment (employees leaving without notice) and fire them without consequences.
Abandonment means an employee has clearly shown they don’t want to work anymore. For example, if an employee walks off the job and never comes back, that’s abandonment. But it’s trickier when an employee just stops talking to their boss, especially if they’ve been sick or injured for a long time.
It’s risky for employers to decide that employees have abandoned their jobs just because they’re not at work or not responding to messages, even if the employer told them to come back. Employers can’t rely on a simple “come back to work or you’re fired” message. The decision to consider someone as having abandoned their job depends on all the facts, not just what the employer thinks is reasonable.
There are cases where employers were wrong in thinking their employees abandoned their jobs. For example, if an employee didn’t show up for work because they disagreed with changes made by the employer, it wasn’t abandonment. Another example is when an employee didn’t respond to their employer’s messages, but they later said they didn’t mean to quit their job.
So, what can employers do to be sure if an employee has really quit?
- Try all ways to contact them, like calling, texting, emailing, or even asking their colleagues or family.
- If they’re still not reachable, send a letter to their home address asking them to get in touch.
- Make sure they haven’t told anyone else about their absence, like the workers’ compensation office or their doctor.
- Be understanding, especially if there might be mental health issues causing the absence.
- Be patient. If an employee is missing for a day or two, it doesn’t automatically mean they’ve quit.