What is abandonment of employment?
Abandonment of employment is when an employee is absent for a prolonged period without explanation or authorisation, suggesting they no longer intend to work.
Abandonment of employment happens when an employee stays away from work for a prolonged period without explanation or authorisation, in a way that suggests they no longer intend to return. Common examples include not showing up for several shifts and not responding to the employer's attempts to make contact.
Recent Fair Work Commission decisions have moved away from treating abandonment as an automatic end to employment. An employer who decides the employee has abandoned their job is treated as having dismissed them, so the employer must still follow a fair process before acting. Jumping straight to termination can lead to an unfair dismissal finding.
Key facts
- •It involves a prolonged, unexplained, and unauthorised absence from work
- •It is no longer treated as an automatic termination of employment
- •Ending employment for abandonment counts as a dismissal under the Fair Work Act 2009
- •The employer must still try to make contact and follow a fair process
- •Getting it wrong can expose the employer to an unfair dismissal claim
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Unfair Dismissal CheckerFrequently asked questions
Can my employer sack me for not turning up?
Not automatically. The employer should try to contact you to find out why you are absent and give you a chance to explain before deciding anything. Treating an absence as the end of your job without a fair process can be an unfair dismissal.
Is abandonment of employment a resignation?
No. The Fair Work Commission generally treats it as the employer ending the employment, which means it is a dismissal. That matters because dismissals can be challenged, while resignations usually cannot.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.