A helpful hint for all correspondence in this case: Send the letter via registered post which has its own tracking system so you will know the letter has been received by the employee. Should there be no contact from the employee, then a final letter is sent informing them that they have abandoned employment and will receive their termination entitlements in accordance with their relevant industrial agreement or award and or employment contract.
BUT, in cases where the employee has been absent on account of suspected or known personal illness or injury, and they haven’t made contact and sent through a medical certificate covering the absence or advised of such (as yet), there are other legalities that must be considered before abandonment of employment is determined.
These legalities relate to requirements within the Fair Work Act, anti-discrimination laws and workplace safety laws. Also there are a few Awards and Enterprise Agreements that contain specific criteria of what is deemed abandonment of employment. Checking to ensure compliance with these requirements before addressing these matters is important.
If you need help with an employee issue where you think they have abandoned their employment or even a long term illness give us a call we would be happy to help, or even check out our free abandonment of employment letter template!
This blog was written by our resident Senior HR Guru Angela Olanda.