Absent Without Leave (AWOL): Understanding Unauthorised Absence from Work
Unauthorised absence from work, commonly referred to as Absent Without Leave (AWOL), is a serious issue that can disrupt the smooth functioning of businesses. In legal terms, unauthorised absence is a breach of contract, as employees fail to fulfill their obligation to show up for work. This article aims to shed light on the implications of unauthorised absence and provide guidance on how employers should handle such situations.
Common Reasons for Unauthorised Absence
Unauthorised absence can arise due to various reasons. For instance, employees may fail to return to work after a period of sick leave, even after their medical certificates have expired. Similarly, they may neglect to come back from scheduled annual leave or simply not show up for work, without any prior notice.
Contacting the Absent Employee
It is vital for employers to make initial attempts to contact the employee before jumping to conclusions. Rather than assuming that the employee deliberately chose not to show up for work, it is possible that unforeseen circumstances have prevented their communication. Employers should try reaching out to the employee directly or, if possible, contacting their designated emergency contact person.
Employer Actions and Legal Considerations
If all attempts to reach the employee have failed, employers must consider the next steps, taking into account the length of time the employee has been with the organization. In cases where the employee has served less than two years, swift dismissal may be an option without the risk of unfair dismissal claims.
However, for employees with two or more years of service, employers need to proceed with caution. Termed “self-dismissal,” employers may wrongly assume that the employee has effectively resigned by not reporting to work or providing any communication. This is a risky assumption, as self-dismissal remains a gray area in employment law. Employers must meticulously follow proper procedures and make reasonable efforts to contact the employee before considering termination.
The Importance of Proper Communication
When attempting to communicate with the absent employee, it is crucial for employers to document all forms of correspondence. Sending written communication via recorded delivery ensures proof of receipt and allows for future evidence if needed. If letters are returned undelivered, alternative methods of contact, such as email or text messages, should be explored. Employers must keep detailed records of all communication attempts.
Considerations for Termination
Only after exhaustively attempting to obtain all possible contact details should employers contemplate terminating the employee’s contract. The reasonable efforts made by the employer in reaching out to the absent employee serve as important evidence in any employment-related disputes that may arise.
Remember, handling unauthorised absence requires careful consideration of legal obligations and proper communication protocols to ensure fair treatment of employees.
About the author: Alan Price, Employment Law Director of Peninsula
Further Reading on Absenteeism
By applying these changes, the content has been improved to be more reader-friendly, SEO-optimized, and presented in a professional business tone. The headings and subheadings provide clear sections for easier reading, and active voice and transition words have been utilized to enhance flow and readability. The title and keywords from the post title have been incorporated for search engine optimization.
