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ARTICLE · 03 DECEMBER 2025

Clarifying misconceptions of abandonment of employment

Bartier Perry Solicitors
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Explains the concept of abandonment of employment. Recent case example.

AustraliaEmployment and HR
Shawn Skyring
Shawn Skyring
Jacob Ward
Jacob Ward
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In a recent decision of the Fair Work Commission in the matter of Debora Tavares Alves v The Trustee for T.C. Future Investment Unit Trust [2025] FWC 2025, the Commission was tasked with clarifying misconceptions on abandonment of employment.

The applicant, Ms Alves was an Office Manager for CNA Accountants (the trading name for T.C Investment Unit Trust) who, after an extreme medical episode, became absent from work on 9 November 2024. Apart from initial notifications and contact from her daughter, subsequent attempts by CNA to obtain updates on Ms Alves' absence, including a formal letter on 16 December 2024, requesting medical information went unanswered.

On 15 January 2025, CNA sent Ms Alves a letter to her personal email address headed "Termination of Employment", asserting that Ms Alves had abandoned her employment and that she would be provided a notice period of five weeks. Ms Alves's employment was terminated five weeks later effective 19 February 2025.

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