Abandonment of Employment - Clear Policy Provisions Are Essential
Recent cases involving abandonment of employment reinforce the importance of having explicit provisions in employment agreements and workplace policies addressing unauthorised and prolonged absence.
Abandonment typically arises when an employee fails to attend work without consent or prior notification. A common benchmark is where an employee is absent for around three consecutive working days without contact — triggering a structured follow-up process.
What Employers Should Do
Good practice requires employers to make reasonable attempts to contact the employee before assuming abandonment.
Reasonable steps include contacting the employee by:
- Phone
- Text message
- Letter
If no response is received after the defined abandonment period and further attempts at contact, employers should formally confirm the position in writing. A letter or email may state that despite repeated attempts to communicate and no response received, continued absence leaves the company with no option but to treat the employment as terminated by abandonment.
Documenting each step taken is critical to demonstrate fairness and procedural diligence.
Policy & Support Resources
Employers are strongly encouraged to ensure their policies clearly define:
- The abandonment period
- The communication steps required
- The process for formal confirmation
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.
