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Termination Due To Unauthorised Absence Template for Australia

This document is a formal termination letter used in Australian workplaces to end employment due to unauthorized absence or abandonment of employment. It complies with Australian employment law, including the Fair Work Act 2009 and relevant Modern Awards. The document includes detailed documentation of absence periods, communication attempts, final pay calculations, and instructions for company property return. It ensures procedural fairness and maintains proper records for potential future legal proceedings while protecting both employer and employee rights under Australian law.

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What is a Termination Due To Unauthorised Absence?

The Termination Due To Unauthorised Absence document is essential for Australian employers dealing with situations where employees have failed to attend work without proper notification or approval for an extended period. This document is used when reasonable attempts to contact the employee have been unsuccessful and the employer needs to formally terminate the employment relationship. It must comply with the Fair Work Act 2009, relevant Modern Awards, and state-specific legislation. The document includes crucial elements such as absence documentation, communication attempts, final pay calculations, and property return instructions. It's designed to protect the employer while ensuring procedural fairness and compliance with Australian employment law requirements.

What sections should be included in a Termination Due To Unauthorised Absence?

1. Recipient Details: Full name, address and position title of the employee

2. Date: Current date of the termination letter

3. Subject Line: Clear indication that this is a termination of employment notice

4. Absence Documentation: Details of unauthorized absence period and attempts to contact

5. Termination Statement: Clear statement of employment termination and effective date

6. Legal Basis: Reference to relevant employment contract clauses and legislation

7. Final Pay Information: Details of final payment including outstanding wages, leave entitlements, and other benefits

8. Company Property: Instructions regarding return of company property

9. Closing Statement: Formal closing including contact details for questions

10. Signature Block: Authorized signatory details including name, position, and company

What sections are optional to include in a Termination Due To Unauthorised Absence?

1. Previous Warnings: Include if there have been previous incidents of unauthorized absence or related warnings

2. Medical Certificate Request: Include if company policy requires medical evidence for extended absences

3. Superannuation Details: Include if there are specific superannuation-related communications needed

4. Confidentiality Reminder: Include if employee had access to sensitive information

5. Reference Policy: Include if addressing future reference requests

6. Post-Employment Restrictions: Include if there are relevant non-compete or non-solicitation clauses

What schedules should be included in a Termination Due To Unauthorised Absence?

1. Schedule A - Contact Attempt Log: Detailed log of all attempts to contact the employee

2. Schedule B - Final Pay Calculation: Detailed breakdown of final payment including all entitlements

3. Schedule C - Company Property List: Itemized list of company property to be returned

4. Schedule D - Previous Communications: Copies of relevant previous communications or warnings

Authors

Alex Denne

Advisor @ 蜜桃传媒AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Document Type

Sector

Cost

Free to use

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