An employee stops turning up. They don’t call, don’t answer, and you have a business to run — but “abandonment of employment” is a trap for employers who move too fast, and handled carelessly it can become an unfair dismissal claim.
Abandonment of employment is when an employee is absent from work for an unreasonable period without a proper or accepted explanation, in a way that suggests they no longer intend to be bound by their employment contract. It’s not simply being late, taking an approved day, or one missed shift. It’s a sustained, unexplained absence where genuine attempts to reach the person go unanswered.
The important word is “unexplained”. An employee who is in hospital, dealing with a family emergency, affected by a mental health crisis, or who reasonably believed they had approved leave is generally not abandoning their job — even if their communication has been poor. That’s why you cannot judge abandonment from the absence alone; you have to make genuine enquiries first.
This is where many employers come unstuck. For years, “abandonment” was often treated as the contract ending automatically — as though the employee had effectively resigned. More recent thinking, reflected in Fair Work decisions, is that where the employer treats the employment as ended, that act can amount to a dismissal at the employer’s initiative. If it’s a dismissal, the usual rules apply — including unfair dismissal.
That has real consequences:
The safe mindset: don’t think of abandonment as a self-executing exit. Treat it as a situation that may end in a dismissal decision you have to make fairly, on evidence, after a proper process.
A fair, well-documented process is your best protection. The aim is to establish whether the employee genuinely intends to continue, and to give them a real chance to respond before you decide.
Abandonment situations are stressful and time-sensitive, and the cost of getting them wrong is real. Our HR consulting gives Australian small businesses a clear, defensible path: practical advice at $195 per hour, plus ready-to-use show-cause and return-to-work letter templates and a step-by-step process tailored to your business. As a certified Employment Hero implementation partner, we can also help you set up the documentation, records and workflows that make these situations easier to manage from the start.
If you’re dealing with an unexplained absence right now, or want a process in place before you ever need it, book a free discovery call.
There’s no fixed number of days set in law. Abandonment turns on an unreasonable, unexplained absence combined with genuine attempts to make contact — not a specific day count. Always make enquiries before treating an absence as abandonment.
It’s safest to treat it as a potential dismissal. Recent Fair Work thinking is that where an employer ends the employment, that act can be a dismissal at the employer’s initiative — meaning unfair dismissal rules can apply if you haven’t followed a fair process.
Potentially, yes. If they had a reasonable explanation and you ended their employment without a fair process, they may lodge a claim (the Fair Work Ombudsman notes a 21-day limit from when the dismissal takes effect — confirm the current position on fairwork.gov.au).
The dates of absence, your attempts to make contact, a clear request to explain or return by a stated date, and notice that you may consider the employment at an end if you don’t hear back. Send it to all known addresses and keep copies.
Possibly. Where employment ends, NES notice and final pay obligations (such as accrued annual leave) may still apply. Check the employee’s entitlements under the NES, award or agreement, and their contract, before finalising — see fairwork.gov.au.
Dealing with an unexplained absence, or want a defensible process in place before you need it? Employment Star’s HR specialists can guide you — book a free discovery call.
