On the surface, it is understandable how an employer might consider that an employee who has not turned up to work for a prolonged period of time could be considered to have abandoned their employment.
On the surface, it is understandable how an employer might consider that an employee who has not turned up to work for a prolonged period of time could be considered to have abandoned their employment. However, the Workplace Relations Commission (WRC) and the Irish courts have continuously held that there is a very high threshold to be met before an employer can determine that an employee has abandoned their employment.
There is no universal description of what constitutes abandonment of employment, and it is advisable that employers should define what turns prolonged absences into job abandonment in their internal policies.
There are generally two different scenarios that arise when it comes to abandonment of employment. The first is where an employee does not communicate in any way with their employer and does not attend work for a prolonged period of time. The second is where an employee communicates sporadically with their employer during a prolonged period absence.
While both scenarios are frustrating for an employer, as can be seen from the case law discussed below, any indication from an employee during a period of prolonged absence that they did not intend to abandon their employment, will be relied upon by the WRC to find against an...
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