STATEMENT OF INTENT Abandonment Employment Policy

User Manual: Abandonment-of-Employment-Policy

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The Paraplegic and Quadriplegic Association of SA Inc.

Abandonment of Employment Policy version: 3 updated June 2013 Page 1 of 5

Abandonment of Employment Policy

STATEMENT OF INTENT

The Paraplegic and Quadriplegic Association of South Australia Incorporated

(PQA) is committed to ensuring that all employees are informed of their

obligations in relation to attendance at PARAQUAD SA and HOMECARE

PLUS and the circumstances in which PARAQUAD SA/HOMECARE PLUS

may deem an employee to have abandoned their employment.

Approved by:

Date: June 2013

The Paraplegic and Quadriplegic Association of SA Inc. is incorporated

under the Association Incorporation Act 1985 (SA) and conduct its

business through operating Divisions, namely PARAQUAD SA and

HOMECARE PLUS.

The Paraplegic and Quadriplegic Association of SA Inc.

Abandonment of Employment Policy version: 3 updated June 2013 Page 2 of 5

SCOPE

Compliance with this policy is a condition of appointment for all persons engaged to

provide services on behalf of The Paraplegic and Quadriplegic Association of SA.

DEFINITIONS

Abandonment of Employment – is where an employee is deemed to have

discarded their contract of employment through not attending work and not notifying

their supervisor as required.

Administrative Employee – employed in a position within an office or retail outlet.

Employee – is a person employed by PARAQUAD SA/HOMECARE PLUS as either

a full-time/part-time, contract or casual employees, Casual Support Worker or

collector.

Must – indicates a mandatory action required by law, industrial instrument, or

PARAQUAD SA / HOMECARE PLUS policy or procedure.

Casual Support Worker – provide support to clients in their homes.

RESPONSIBILITIES

It is the responsibility of Management to ensure that:

 Every effort is made to contact employees who are absent from work without

notification;

 All company property is accounted for after the employment has been terminated

by way of abandonment;

 All required documentation is completed to ensure the employee receives all

correct entitlements.

It is the responsibility of all Employees to ensure that:

 They comply with the required absence notification process as appropriate to their

area of work.

It is the responsibility of the Manager, Human Resources to ensure that:

 All cases of termination by way of abandonment are reviewed to ensure the

appropriate procedural steps have been taken.

It is the responsibility of the Payroll Department to ensure that:

 All paperwork and documentation is completed to ensure employees who have

abandoned their employment receive their correct entitlements as soon as

possible

POLICY

Employees who do not notify PARAQUAD SA/HOMECARE PLUS of their absence

or 'walks off the job', or fails to return to work after a period of authorised leave will be

deemed to have abandoned their employment. PARAQUAD SA/HOMECARE PLUS

Management will reasonably conclude that the employee no longer intends to be

bound by the employment agreement:

 The absence must be for a period of fourteen (14) consecutive working days.

This is subject to PARAQUAD SA/HOMECARE PLUS attempting to contact the

employee in accordance with the procedures outlined below, unless the employee is

able to show evidence to the contrary.

PARAQUAD SA/HOMECARE PLUS have developed policies and procedures in

relation to leave and standard work practices. An employee requiring time off from

work should be utilising these policies and procedures.

The Paraplegic and Quadriplegic Association of SA Inc.

Abandonment of Employment Policy version: 3 updated June 2013 Page 3 of 5

Under specific circumstances, employees and Managers may agree to additional

time away from the workplace to deal with individual issues. This would normally

only be done after consultation with the Manager, Human Resources.

Employees are required to notify PARAQUAD SA/HOMECARE PLUS of any

unplanned absence as soon as practicable.

PROCEDURE

In the absence of provisions relating to abandonment of employment being contained

in a relevant Agreement or Award, the procedures management is to follow in

determining whether an employee has abandoned their employment will be:-

Administrative Employee

Day One -

 The appropriate Manager/Supervisor must establish that the employee’s absence

is unauthorised by checking relevant records such as rosters, attendance records

or time sheets, and by checking with the employee’s immediate colleagues to

ascertain if the employee has made contact.

 The appropriate Manager/Supervisor must then attempt to contact the absent

employee via telephone to home or mobile numbers provided.

 If the appropriate Manager/Supervisor is unable to make personal contact with the

employee via the initial attempts then they will endeavour to make contact through

the employees nominated emergency contact.

 If the employee has not provided an emergency contact then the

Manager/Supervisor may endeavor to contact the employee by visiting their

address. In such circumstances, another member of staff will accompany the

Manager/Supervisor.

 These initial attempts at contact should emphasize PARAQUAD SA/HOMECARE

PLUS’s concern for the employee’s welfare and seek advice from the employee

as to the reason for their absence, their date of return and request that they

formalise this absence by providing written advice of their intentions (for example,

through the completion of a leave application)

Day Two -

 In the event that the appropriate Manager/Supervisor continues to be unable to

contact the employee or the employee fails to formalise their absence after two (2)

working days and has not provided written advice of their intentions and does not

return to work.

 The Manager/Supervisor will, in consultation with the HR Manager formally write

to the employee at their contact address. The letter should state PARAQUAD

SA/HOMECARE PLUS’s notification requirements and consequences if the

employee does not contact PARAQUAD SA/HOMECARE PLUS within two (2)

working days of receipt of letter. This letter must be sent by Express Post (to

ensure a record of the delivery).

 If the employee responds to the letter within two (2) days, and gives a reasonable

explanation for their absence from work, then the presumption of abandonment of

employment should be reversed. A determination as to the possible counselling

on the employee’s return should be assessed.

 If after two (2) working days of the letter being issued, the employee fails to make

contact with PARAQUAD SA/HOMECARE PLUS or fails to formalise the absence

by providing written advice of their intentions and does not return to work,

The Paraplegic and Quadriplegic Association of SA Inc.

Abandonment of Employment Policy version: 3 updated June 2013 Page 4 of 5

PARAQUAD SA/HOMECARE PLUS’s will suspend without pay the employee

from the payroll.

Depending on the circumstances of the situation, and particularly where no contact

with the employee can be made, consideration should be given to notifying third

parties, such as the Police, of the employee’s unexplained absence.

Day Fifteen (15)-

 If following fifteen (15) working days of issue of the first letter the employee has

made no contact with PARAQUAD SA/HOMECARE PLUS or has failed to

formalise this absence by providing written advice of their intentions and does not

return to work, the Manager/Supervisor will provide a report to the Manager,

Human Resources advising that the employee has abandoned their employment.

This report will detail all attempts to contact and any communication received from

the employee.

 The HR Manager in consultation with the Manager will review all the facts and

make a determination to terminate the employee. If it is determined to terminate

the employee, the Manager in conjunction with the Manager, Human Resources,

will formally write to the employee advising that PARAQUAD SA/HOMECARE

PLUS has considered the employee’s continuing absence to be an indication that

they have abandoned their employment with PARAQUAD SA/HOMECARE PLUS.

This letter must be sent by Express Post (to ensure a record of the delivery and

receipt of the letter).

PARAQUAD SA/HOMECARE PLUS will then implement the normal procedures

associated with an employee’s termination of employment with PARAQUAD

SA/HOMECARE PLUS. This letter must be sent by Express Post (to ensure a record

of the delivery).

Casual Support Worker

A casual Support Worker will be deemed to have abandoned their employment if

they have not worked for a period of three (3) months. This will be verified by the

production of a report produced by Payroll.

Upon receipt of the Payroll Report the HR Department will notify the appropriate

Manager/Supervisor to establish if there is a reasonable explanation why the

employee has not attended a shift.

If there is no reasonable explanation for the absence from work the following

procedures will be followed:

 Letter one (1) will be sent to the employee requesting that they contact the office

within fourteen (14) days should they wish to resume shifts.

 Letter two (2) will be sent to the employee if they have not responded to the first

letter stating that as we have not heard from them it is with regret they will be

removed from our system.

 Upon the employee returning HOMECARE PLUS property e.g. ID Card etc. a

Certificate of Service will be forwarded to the employee.

SUPPORTING PQA DOCUMENTATION

 Leave - Personal Policy and Procedures

 Leave - Annual Policy and Procedures

 Leave - Compassionate Policy and Procedures

 Leave - Parental Policy and Procedures

 Leave – Jury Duty Policy and Procedures

 Leave – Emergency Service Policy and Procedures

 Support Worker Training Policy and Procedures

The Paraplegic and Quadriplegic Association of SA Inc.

Abandonment of Employment Policy version: 3 updated June 2013 Page 5 of 5

 Letter – Abandonment of Employment

BREACHES OF THIS POLICY

Ignorance of these procedures will not generally be accepted as an excuse for non-

compliance. Only in extreme circumstances and where such ignorance can be

demonstrated to have occurred through no fault of the individual concerned will PQA

accept such an argument.

DISTRIBUTION AND REVIEW

PARAQUAD SA/HOMECARE PLUS will ensure all persons engaged to provide

services either paid or unpaid will be aware of this policy and will have easy access

to it in an appropriate format. All policies are to be reviewed on a bi-annual basis or

when legislation or Government Policy determines.