Abandonment of Employment: What Employers Need to Get Right
Recent cases involving abandonment of employment highlight the importance of having clear provisions in both policies and employment agreements. Abandonment typically arises where an employee is absent from work without consent or prior authorisation, and fails to notify their employer of their absence.
Clear Process and Employer Obligations
Best practice is to include a clause stating that an employee may be deemed to have abandoned their employment after a defined period, commonly three consecutive working days, of unexplained absence. During this time, the employer must make reasonable efforts to contact the employee to understand the reason for their absence. This should include multiple methods such as phone calls, emails, text messages, and written correspondence, while keeping an open mind as to the circumstances.
Managing Risk and Next Steps
If, after the specified abandonment period and further attempts to make contact, the employee remains unresponsive, the employer should formally notify the employee in writing. This communication should confirm that, despite repeated attempts to make contact, their continued absence has led the organisation to conclude that they have terminated their employment through abandonment.
Members can purchase our Employee Leave Management and Absenteeism Policy at a special rate of $250 plus GST — providing a practical framework to reduce risk and guide consistent decision-making.
Members also have access to advice and guidance from Business Canterbury to support compliance in this area. For specialist advice, contact hradvice@cecc.org.nz.
