Australian Workplace Discrimination Representatives

Abandonment of Employment

Abandonment of Employment: What It Really Means

Have you been told you “abandoned your job”? Or maybe you're an employer dealing with an employee who stopped showing up without a word? Either way, understanding abandonment of employment is key.

So, What Is Abandonment of Employment?

Abandonment of employment usually happens when an employee:

  • Stops turning up to work,
  • Doesn’t provide a reasonable explanation for their absence, and
  • Fails to communicate with their employer about what’s going on.

In simple terms, abandonment means the employee has walked away from the job—and their actions (or lack of communication) suggest they no longer intend to return or meet their obligations.

For it to be legally considered abandonment, there needs to be a clear sign the employee no longer wants to be bound by their employment contract. In other words, it looks like they’ve walked away from the job without officially resigning

Not Just a No-Show—It's About Intent

It’s not enough that someone is absent. The test is whether their actions would lead a reasonable person to think they’ve renounced the contract—that is, shown an intention to walk away from the relationship altogether.

This could look like:

  • Walking out mid-shift and never coming back,
  • Not returning from leave and ignoring contact from the employer,
  • Failing to provide medical certificates when asked, or

Going completely silent for an extended period.

Does That Always Mean They Quit?

Not necessarily. Just because someone hasn’t shown up doesn’t automatically mean they’ve abandoned their job. Employers need to be careful—and make genuine efforts to understand the situation—before jumping to conclusions.

Abandonment of employment

Could It Be a “Heat of the Moment” Resignation?

Sometimes employees resign during a stressful or emotional moment—after a fight, under pressure, or in a panic. But that doesn’t always count as a real resignation.

In these cases, employers should:

  • Pause and assess before treating it as final
  • Allow the employee time to cool off

Check if the resignation was really intended.

What Are Employers Supposed to Do?

If you’re an employer and think an employee has abandoned their role, you can’t just terminate them on the spot. You must take reasonable steps to:

Reach out

Call, email, text, or send a letter to check in and ask for an explanation

Document everything

Make file notes of every attempt to contact the employee.

Send formal notice

If there’s still no contact, send a registered letter or email outlining:

The dates and details of your contact attempts,

A clear request for the employee to explain their absence, and

A final deadline for response (e.g., 5 business days).

Final step

If there’s still no response, you may decide that the employee has abandoned their job. You can then terminate the contract, but it must be done carefully.

Been Accused of Abandoning Your Job?

If your employer says you’ve abandoned your employment but you disagree—or if they terminated your job without following proper steps—you might be able to challenge the decision.

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