Job abandonment and unauthorised absence are not the same. While both may begin with an employee’s absence from work, the distinction lies in what the employee’s conduct communicates to the employer.

An employee may be absent from work without permission yet still intends to return; job abandonment arises only where the employee’s words, actions and surrounding circumstances clearly communicate an intention not to return to work and ultimately, end the employment contract.

For employers faced with unanswered calls, ignored messages and an empty workstation, the situation may feel like workplace ‘ghosting’. However, an employee’s silence alone does not automatically mean that they have abandoned their job. Before treating the absent employee’s position as vacant, the employer must determine whether the employee is merely absent without authorisation or has abandoned the job.

The Difference between Unauthorised Absence and Job Abandonment

Unauthorised absence is established when an employee fails to report to work, or leaves work, without the employer’s permission and without providing a valid or justifiable explanation. For instance, if an employee leaves in the middle of the workday because of a family emergency, does not inform the appropriate supervisor and then returns to work the next day, then this would be classified as an unauthorised absence. While the employee may have breached the employer’s policy regarding attendance, their return to work the following day suggests that they did not intend to abandon their job.

Job abandonment involves more than an employee simply failing to report for work. The employee’s conduct must clearly demonstrate an intention not to return to work or remain bound by the employment contract. An employee’s conduct may, in certain circumstances, provide objective evidence of an intention to terminate the employment relationship, even in the absence of an express resignation. Consider a situation which an employee leaves the workplace before the end of a scheduled shift, states that they are ‘done’, surrenders their uniform and keys, requests their final wages, and does not return to work. When viewed together, these actions may provide a reasonable basis for an employer to conclude that the employee has an intention to no longer work for the employer.

An employee’s stated intention to return to work will not necessarily preclude a finding of job abandonment where their conduct is inconsistent with the continuation of the employment relationship. For example, an employee may inform their employer that they intend to participate in a work-and-travel programme for several months and will be absent from work for an extended period, while expressing a desire to return to their position at the conclusion of the programme. If the employer declines to approve a leave of absence and the employee departs, the resulting absence may support an inference of job abandonment. Whether such conduct amounts to job abandonment will ultimately depend on the specific facts and circumstances of the case.

What should the employer do?

A proper investigation should be conducted before an employer concludes that the employee has abandoned their job. The employer should confirm that the employee was scheduled to work, had not been granted any form of approved leave, and had not reported the absence to a supervisor, manager or human resources representative.

The employer should then make reasonable attempts to contact the employee and determine the reason for their absence. These efforts may include telephone calls, e-mail,
WhatsApp messages or other customary methods of communication, while retaining records of these attempts. Where appropriate, the employer may also contact the employee’s emergency contact. Such enquiries may reveal a medical issue. Family emergency or other legitimate reason for the employee’s absence.

If these efforts are unsuccessful, the employer should issue a formal written notice seeking clarification of the employee’s intentions. The notice should identify the period of absence, require the employee to report for work or provide an explanation by a specified date and advise that a failure to respond may result in a finding of job abandonment. The notice should be sent through all reasonably available communication channels.

Whether job abandonment has occurred will depend on the outcome of the employer’s enquiries and the surrounding circumstances. Where the employee fails to respond and the evidence objectively indicates an intention not to return to work, the employer may conclude that the employment relationship has ended. Conversely, where the employee responds, returns to work or confirms an intention to return within a reasonable time, the issue is more likely to concern unauthorised absence rather than job abandonment.

Proceed with Caution

The distinction between unauthorised absence and job abandonment is more than a matter of terminology — it determines the legal process that follows. An employee who is absent without permission may still intend to return to work, in which case the employment relationship remains in existence, and the employer must address the matter through the disciplinary process. In contrast, where the employee’s conduct objectively demonstrates an intention not to return, the issue is no longer misconduct and is now the employee’s abandonment of the employment relationship.

Employees may ghost their employers, but employers should not be frightened by the process. What might seem to be job abandonment may eventually amount to unauthorised absence. However, the employer must ensure that there are reasonable enquiries and, if necessary, due process before making that determination.

Drew Wheatley is an associate at Myers, Fletcher and Gordon and a member of the firm’s Litigation Department. She may be contacted at drew.wheatley@mfg.com.jm or through the firm’s website www.myersfletcher.com.

This article is for general information purposes only and does not constitute legal advice.