Has Your Employee Stopped Showing Up? Don’t Risk an Unfair Dismissal Claim

When an employee disappears without explanation, employers must tread carefully. Get it wrong and you risk costly unfair dismissal claims, but the right process protects both your business and your people.

Picture this: one of your team members stops showing up for work. No calls, no emails, just radio silence. As an employer, you’re left wondering – have they quit? Are they unwell? Or have they abandoned their job?

This is a typical scenario that Akyra is regularly asked about. This exact scenario played out in a recent Fair Work Commission (FWC) case, Alves v T.C Investment Unit Trust (2025), and it’s a timely reminder for businesses to understand what abandonment of employment really means and how to handle it.

What does “abandonment of employment” mean?

In simple terms, abandonment of employment happens when an employee is absent from work for an unreasonable period without a valid reason or explanation and fails to communicate with their employer. If a reasonable person in the employer’s shoes would conclude that the employee no longer intends to work, the employer may treat the employment relationship as ended.

But here’s the catch: if you get this wrong and treat an absence as abandonment when it’s not, it could be considered a dismissal at your initiative, opening the door to unfair dismissal or general protections claims under the Fair Work Act.

What the law says

Interestingly, the Fair Work Act 2009 doesn’t specifically define abandonment of employment. Modern awards used to include clauses about it, but these were removed in 2018. Today, employers must rely on case law and general principles of contract law. The key is whether the
employee’s conduct shows they’ve repudiated the employment contract—in other words, walked away from their obligations.

Three key factors to consider

When deciding if an employee has abandoned their job, the FWC looks at:
1. What the employer knew about the employee’s situation.
2. What steps the employer took to find out more.
3. What steps the employee took to keep the employer informed.

Case spotlight: Alves v T.C Investment Unit Trust (2025)

Source: employmentlawhandbook.com.au

Here’s what happened:

• The employee initially texted her boss saying she had a migraine, then later advised she was in hospital. A medical certificate followed, covering a week’s absence.
• The employer was told she had serious health issues and needed to “step back from work,” but no timeline was given.
• Over the next month, the employer tried multiple times to get an update, emails, letters, even a 14- day deadline for a response. Nothing came back.
• Eventually, the employer ended the employment and issued a final payslip, citing abandonment.

The employee later claimed she was dismissed because of her disability.

However, the FWC ruled the employer acted reasonably. With no communication or medical updates, it was fair to conclude the employee had abandoned her role.

What should employers do before making the call?

The Fair Work Ombudsman recommends these steps:

• Make all reasonable attempts to contact the employee—phone, email, even a formal letter.
• Allow a reasonable timeframe for a response before taking action.
• Document everything—your attempts to reach out, any responses, and the timeline.
• Seek legal advice if you’re unsure. Acting too soon can lead to costly claims.

Key Takeaways

• Abandonment isn’t about how long someone’s been away, it’s about their intent and your reasonable belief based on the facts.
• If the employee’s condition prevents communication, but you weren’t told, the law still looks at what you reasonably knew at the time.
• Always err on the side of caution: investigate, communicate, and document.