When an employee stops attending work and won’t respond to calls or emails, it can be tempting to assume they’ve abandoned their employment. A recent Fair Work Commission decision is a timely reminder that it may not be that simple.
What Happened?
In Haque v dnata Airport Services Pty Ltd, an employee stopped attending rostered shifts and did not respond to several attempts by his employer to make contact.
His absence followed a workplace incident where he had been sent home, and the Commission found there was some uncertainty around what was expected of him afterwards.
The employer considered the employee to have abandoned his employment. However, after addressing his absences as unauthorised and ultimately terminating his employment, the Commission found it was the employer who had brought the employment relationship to an end.
Importantly, the decision did not find that employers are unable to act when an employee stops showing up. Instead, it highlights the risks of assuming an unexplained absence automatically amounts to a resignation.
So, What Should Employers Do?
If an employee stops attending work or communicating, employers should make reasonable attempts to contact them and keep records of those attempts.
If the employee remains uncontactable, rather than simply assuming they have resigned, employers may need to address the unauthorised absence itself. This can include clearly outlining the concerns, providing a reasonable opportunity to respond and, if appropriate, considering termination based on the information available.
The key is to follow a clear and fair process rather than relying on “abandonment” as an automatic end to employment
If you’re dealing with an employee who has stopped attending work or responding to contact us on (08) 9316 9896 or get in touch with our advisors before taking further action.
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