My employee just went AWOL
A business owner I met recently relayed an experience he had with an employee that left work one day and didn’t come back. Without a word to anyone.
After several days without contact from the employee, the Managing Director assumed the employee had resigned and processed the person’s termination pay. It was decided to redistribute the employee’s tasks rather than hire a replacement. The team continued on with business and usual.
10 weeks later, the missing employee called the Managing Director. After sharing a rather long and complicated story about what led to his need for time off, the employee advised the Managing Director that he was now ready to return to work.
You can probably imagine what the MD said in this instance and not be too far from the truth; but the basic gist was that because the company believed the employee had resigned, the person’s job was no longer available.
To the Managing Director’s surprise (and chagrin), the employee went away and filed an Unfair Dismissal complaint that was accepted by the Fair Work Commission. At conciliation, the employer agreed to settle the claim rather than give the person their job back and paid the employee an amount equivalent to four weeks’ notice.
I can almost hear the chorus of outraged managers crying YOU CAN’T BE SERIOUS! YOU REALLY CAN’T BE SERIOUS!
Yes, I am. I really, really am.
There is often a misconception that simply because an employee is absent from work without approval or without giving a reason, that the employer can assume they have resigned or terminate the person’s employment on the grounds the employee has ‘abandoned’ their employment.
The reality of the situation though is that an employer cannot do either without first exhausting every avenue available to them to contact the absent employee to try to find out the reason why they aren’t at work. And if you do hear back from an employee or a family member or a representative, it may then be difficult to establish that the employee ever intended to resign or abandon their employment.
NO WAY! I hear you say.
Yes, way.
So what can should you do if you have an employee go AWOL (absent without approved leave)?
Abandonment of employment procedures
When an employee fails to show for work, you have a duty of care as their employer to find out why that person hasn’t made it to work safely. In the first instance, call and text every contact number (including next of kin), and write to every email address you have on file for the person. Even speak with anyone at work who might know their whereabouts.
If you don’t hear back from the employee or have been unable to leave a message for them to call you, you will need to write a letter to the person’s last known address. This is when your company’s formal Abandonment Of Employment policy or the procedures under a relevant Modern Award should kick into gear.
If the employee does not respond within the required timeframe, you may be able to terminate the person’s employment.
However, if you do hear back from the employee, you will then need to decide whether disciplinary action (including termination of employment) is appropriate in the circumstances. You may find that you are now managing an absenteeism matter requiring an entirely different tact.
You should seek specialist HR Advice before taking further action.