Can You Be Fired for “Abandoning” Your Job? The Truth Behind Absentee Dismissals
If you’ve taken time off work unexpectedly or missed shifts without formal approval, you might be worried about whether your employer could accuse you of “abandoning” your job. But what does abandonment of employment actually mean—and when can it lead to a lawful dismissal?
In a 2022 case before the Fair Work Commission, a fly-in-fly-out worker learned the hard way that failing to return to work without approved leave can cost you your job—even if your personal reasons feel justified. Here’s what happened.
When Absence Becomes Abandonment
The employee, Mr Green, worked in the mining industry under a fly-in-fly-out roster. Two days into one of his scheduled shifts, he returned home to Victoria without having leave formally approved. While a supervisor had said he could leave the site on certain conditions (like applying for leave), those steps were never completed.
In fact, Mr Green didn’t apply for leave at all before flying home, and he stayed away for over a month. He remained in Victoria during two full work periods, despite being repeatedly told that leave needed to be authorised and that he must provide a clear return date. When pressed for a date, he vaguely suggested “hopefully June”—well after his absence had begun and with no formal application in place.
Although Mr Green stayed in occasional contact with managers, the Commission found he only responded when it suited him. He ignored emails, failed to read important instructions, and didn’t apply for any form of leave during his absence. His justification—that he didn’t have access to a leave form or was waiting on a doctor’s certificate—didn’t hold up.
The Commission’s View: A Valid Reason for Dismissal
The Fair Work Commission made it clear that in assessing whether there’s a “valid reason” for dismissal, the test isn’t whether an employee had a legal excuse or a personal preference, but whether their actions breached their employment obligations in a serious way.
In this case, the Commission found that:
Mr Green was absent without authorisation for an extended period;
He ignored clear and lawful instructions to apply for leave and return to work;
His conduct objectively conveyed an unwillingness to comply with his employment contract.
The employer’s direction to return to site or regularise the absence was considered lawful and reasonable. Mr Green failed to comply with these directions, and the Commission concluded that his actions—individually and collectively—amounted to a valid reason for dismissal.
So What Counts as Abandonment?
“Abandonment of employment” isn’t a rigid legal concept, it depends on whether your conduct would lead a reasonable employer to believe you’ve repudiated your job. This doesn’t require a dramatic statement like “I quit.” It can happen when you’re absent without notice or approval and fail to respond properly to efforts to get you back to work.
In Mr Green’s case, the employer didn’t treat his absence lightly. They attempted multiple times to contact him, gave clear instructions, and allowed opportunities to regularise the situation. It was his failure to follow through—not the personal reasons for being away—that led to a lawful dismissal.
Takeaways for Employees
If you're away from work, always apply for leave in writing—especially if it's unexpected.
Respond to emails, texts, and calls from your employer—even if you feel overwhelmed.
If you need more time off, communicate openly and provide specific return dates.
Don’t assume your employer will fix things for you. You’re responsible for applying for leave.
Absent without approval for too long? You might not get the chance to explain later. The Fair Work Commission looks at what you did—or didn’t do—at the time.
