Letter of termination of employment (abandonment)
If an employee has been absent without making contact, and you cannot contact the employee directly, the next step you should take is to send them an abandonment of employment letter like the one below.
For more information on notice periods and Abandonment of Employment, contact one of our HR Consultants.
Step by step process
Step 1:Attempt to make contact with the employee
If you believe an employee has abandoned their employment, you should attempt to contact them or a relative or next of kin. When you do this, you should ask for an explanation and inform the employee that you will assume they have abandoned their employment if they do not respond within a specified timeframe.
Step 2:Send initial letter to employee below
After an absence of more than three consecutive working days without the employer’s consent and no notification to the employer, constitutes a prima faci case that the employee has abandoned their employment. At this point send the employee the initial letter of abandonment below, asking them to make contact with you. This letter should be sent via registered post to ensure that you have a record that the employee received the letter.
Step 4:Send final letter to employee below
A further 14 day period of absence without satisfying the employer that there is a reasonable cause for their absence, would result in the employee being deemed to have abandoned their employment. The final abandonment letter should know be sent, via registered post.
Important note:
The following template has been colour coded to help you complete it as follows:
•replace the red < > writing with what applies to your employee and situation.
Also, if you operate a small business it is important that you follow the Small Business Fair Dismissal Code when terminating an employee’s employment. You will find a copy of the Small Business Dismissal Code on this site.
My HR Online is committed to providing you with advice that you can rely on.
The information contained in this template is general in nature. If you are unsure about how it applies to your situation you can call or email our support desk to make contact with one of our HR professional’s.
Abandonment of Employment Letter - Initial
<Print on your business letterhead>
Date
Name
Address
Address
Address
Dear Name,
I am writing to inform you that we have been attempting to contact you since Date, regarding you absence from work sinceDate. Your absence from work without your Manager’s consent, and without notification from you, is a prima facie case that you have abandoned your employment with Company Name.
I now require you to make contact myself by Insert Timeon Insert Date, so that we may discuss your absence. Failure to make contact with myself by the above time may result in the termination of your employment with Company Name due to abandonment.
Name, I am hopeful that we may resolve this issue promptly.
Yours sincerely,
Manager Name
Contact Details
Abandonment of Employment Letter - Final
<Print on your business letterhead>
Date
Name
Address
Address
Address
Dear Name,
Following our letter dated Dateasking you to make contact with myself by Date, I am writing to inform you that Company Name has terminated your employment due to abandonment.
As per the Fair Work Act, termination of employment by abandonment shall operate from the date of last attendance at work, or the last days absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is later.
In this case your termination was effective Date. Any monies owing will be paid directly into your bank account by Insert date.
Yours sincerely,
Manager Name
Contact Details