The Employment Relations Authority (ERA) recently awarded an employee more than $30,000 for being unjustifiably dismissed from his role with Astra Construction Group after being terminated for allegedly abandoning his employment.
The employee had leave approved to take advantage of the Canadian ski season in late Jan 2025. A mix of paid annual leave and leave without pay for the balance. Although an exact date of return had not been confirmed it was agreed to establish the exact return date nearer the time.
The employee being keen to return to his newly achieved supervisor role left his personal tools at work for others to use in his absence.
The company was in contact with the employee during his leave regarding work-related issues, to which the employee was openly communicating and at no point was there a mention of dissatisfaction or questioning of a return date.
In March the employee made contact to inform he would be back at work on April 3rd to which he received no response. After various follow-ups and delays from the business owner on the 8th the Director messaged the employee and requested he come and collect his tools saying "Yeah we don't have work". Upon the employee returning to the workplace his tools were found to be missing, the company owner suggesting they may have been stolen. He was then accused of having abandoned his work and removed from the company chat groups and no notice period ever recognised or paid.
Needless to say the employee was successful at the ERA with his personal grievance. Having had his extended leave fundamentally agreed, been communicating throughout the leave period and demonstrating his intention to return having left his tools onsite the contention of him having abandoned his employment wasn't ever really applicable.
The term 'abandonment of employment' is for very specific situations where an employee is absent from work, without notification or permission for a certain period of time, seemingly with no intention of returning and being non-communicative throughout. The minute the employee is in communication with the employer it needs to be considered potentially as unauthorised absence rather than abandonment as such and due process followed.
In genuine abandonment scenarios there is also an onus on the employer to make all reasonable efforts to contact the employee in an attempt to establish their whereabouts and intentions, and only after all avenues of contact have been exhausted can termination occur. Proof of contact attempts is paramount. Attempts should be well documented so the employer can clearly prove a paper-trail of evidence in this regard if the termination is challenged.
When it comes to terminations whatever the reason we strongly recommend talking to us first. Your
Employers Toolbox account will have fully documented process and template letters for every termination scenario, but it is critical you apply the correct process to your circumstance.