Share on LinkedInShare on LinkedIn

ARTICLE · 29 JUNE 2026

Rethinking “Abandonment Of Employment”

The FWC decision in Haque v dnata highlights the risk of treating absence as abandonment. Employers should focus on the employee’s conduct and follow a clear termination process.

AustraliaEmployment and HR

Employers often cite “abandonment of employment” as a practical response when an employee stops showing up for work. If an employee stops attending work and cannot be contacted, it is easy to conclude they have walked away from the role; but it is important to take stock of the situation.

The recent Fair Work Commission (FWC) decision of Haque v dnata Airport Services Pty Ltd [2026] FWC 1698 demonstrates the risks in treating non-attendance as abandonment.

Employers should ask themselves: has the employee brought the employment relationship to an end? In many cases where employers allege abandonment, the answer is that, in fact ,it was the employer.

What abandonment actually means1

“Abandonment of employment” is a term used to describe a situation where an employee stops attending work without explanation, suggesting they are no longer willing or able to perform their role. This may amount to a renunciation of the employment contract. The question is whether the employee’s conduct

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from