When constitutes abandonment of employment?
Abandonment of employment generally arises where an employee absents themselves from the workplace without consent or notification and there is no reasonable excuse for their absence. Common examples include where an employee does not return to work from an authorised period of leave and when an employee walks out during a shift and does not return to work thereafter.
In essence, abandonment constitutes a repudiatory breach of the contract of employment, with the breach residing in an express or implied intention no longer to be bound by the contract. The employer may accept the employee’s repudiation in order to bring the contract of employment to an end, or elect to keep the contract afoot.
If you have an issue with an allegation of abanonment of employment, call us to discuss your options.
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