Abandonment of Employment

An employment relationship can end in a variety of ways apart from a dismissal. One of those ways is through the relinquishment of the employment of the employee. Abandonment in the ordinary sense simply means to “give up”.

However there are some basic principles to be applied. The employment agreement should have an expressed provision. Also the employer has a general obligation to inquire fairly into the circumstances and to allow the employee an opportunity to be heard on why he may have abandoned his or her employment. In addition to this the employer is under good faith and should attempt to contact the employee before the employee can effectively abandon their employment. We would recommend writing or calling the employee (on their cell phone) to advise them them if they fail to turn up to work they will be deemed to have abandoned their employment. If the employee then turns up disciplinary action should be taken.

If in doubt ring or email either Robert Thompson.

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