If your employer has treated you as having quit because you did not turn up, but there was a reason, you were sick, you thought you were on approved leave, or there was a genuine misunderstanding, you may not have abandoned anything. And that can mean you were dismissed, and can challenge it.
Worth a short call to work out which it was. Call 1800 UNFAIR (1800 863 247). The first call is free, with no obligation.
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What abandonment of employment actually means
"Abandonment of employment" describes a situation where an employee stops attending work, without proper excuse or explanation, in a way that shows an unwillingness or inability to keep performing their side of the employment contract.
The key words there are "without proper excuse or explanation." Not turning up is not automatically abandonment. The question is whether your conduct genuinely showed you had walked away from the job for good.
Why this matters so much to you
Employers sometimes label a situation "abandonment" because, if you abandoned the job, then on their version you resigned, and if you resigned, you were not dismissed, and if you were not dismissed, you cannot bring an unfair dismissal claim.
That is exactly why it is worth challenging. If what really happened was not abandonment, then you were dismissed, and the ordinary unfair dismissal protections can apply.
When "abandonment" often is not abandonment
Situations worth talking to us about:
- you were absent because you were sick or injured and had, or could have given, an explanation
- you believed you were on approved leave, or there was a mix-up about your roster or leave
- you tried to make contact and the employer did not engage
- the employer treated a short, explainable absence as if you had quit
- you were effectively pushed out and the "abandonment" label was put on it afterwards
In some of these, the real issue is not abandonment at all but a dismissal, and sometimes one the employer handled unfairly.
The 21 day deadline
If you were in fact dismissed, the clock started when the dismissal took effect, and you generally have 21 days from that date to lodge. The Commission rarely extends it. If your employer is calling it abandonment, do not assume that closes the door, check quickly.
Find out whether you were really dismissed
Whether something was genuine abandonment or a dismissal dressed up as one turns on the facts: why you were away, what was communicated, and how the employer acted. That is worth talking through with someone who assesses these regularly.
Call 1800 UNFAIR (1800 863 247). The first call is free and there is no obligation. Monday to Friday 9am to 9pm, weekends 9am to 5pm.
We act for employees at the Fair Work Commission and we will tell you honestly whether you have a case.