Mental health challenges are at an all-time high. Hybrid work has blurred attendance expectations, and employers are juggling increased duties with fewer resources. Against this backdrop, disputes about job abandonment are becoming more common, and more complicated.
A recent unfair dismissal case shines a spotlight on a growing trend of employees struggling with health issues and feeling unsupported, employers feeling left in the dark, and when communication breaks down, the consequences can be career-changing. Let’s unpack what happened, why the dismissal was ultimately upheld, and what lessons workplaces and employers can take away.
A worker’s silence leads to a costly outcome
The worker in this case argued that his dismissal was unfair. Why? He said he wasn’t guilty of “abandoning” his job instead, he was grappling with significant mental and personal health issues that severely affected his ability to communicate. But here’s where things went wrong.
Attendance had already been a concern.
Earlier in the year, the employer placed the worker on a performance improvement plan (PIP), specifically requiring better attendance. Payroll records showed multiple unpaid leave days and a consistent pattern of being away.
Communication initially existed, then stopped.
Between June 4–9, the worker texted his supervisor daily, saying he was unwell. He promised to return on June 11. But, he didn’t. After June 9, communication went completely silent.
The employer reached out, and got nothing back.
On June 12, the employer emailed his personal email address (the same one used for payslips and other routine communication), stating:
- They were concerned about the ongoing absence.
- He must contact them by June 16.
- Failure to do so would be viewed as job abandonment
The worker didn’t respond. On June 17, his employment was terminated.
Why the Commission upheld the dismissal
Despite the worker’s argument that he was mentally unwell, the Fair Work Commission found the dismissal valid and not unfair, for a few key reasons.
1. There was a legitimate reason.
The worker didn’t attend work or communicate for several days – a major issue in any workplace, especially a small one.
2. The employer took reasonable steps.
Sending an email to an established communication channel (his personal email) was deemed appropriate and fair.
3. Procedural fairness was present.
He was warned. He was given a deadline. He had multiple days including a weekend to respond, but didn’t.
4. Mental health challenges don’t remove the need for communication.
The Commission acknowledged his struggles, but also pointed out that disappearing from the workplace without any notification is still a serious breach.
Why this case feels so familiar in 2025
The themes in this story are becoming increasingly common in workplaces
Mental health impacts are real, but communication still matters – Employees may feel overwhelmed or unable to reach out, especially when stress spikes. But silence can unintentionally escalate issues.
Small and mid-sized businesses are stretched thin – Many don’t have HR teams. Managers are “wearing many hats,” which increases the risk of misunderstandings or missteps, but doesn’t excuse employees from keeping in touch.
Digital communication has blurred expectations – Emails, texts, messaging apps… when is a message considered “received”? When someone is struggling mentally, even opening an email may feel impossible. But legally, communication still needs to happen.
Absence management is a rising pain point – Hybrid work made being “offline” feel normal. But when absences occur repeatedly and without clarity, employers become anxious and compliance risks spike.
What employers can learn (and do better)
1. Create a clear absence and communication policy
Spell out expectations including:
- How to notify an absence
- Who to contact
- Required timelines
- What happens if communication stops
Clarity reduces conflict.
2. Use multiple communication channels when things escalate
If an employee goes silent, try:
- Text
- Phone calls
- Emergency contacts (when appropriate)
This doesn’t mean harassing, it means covering reasonable bases.
3. Train managers to recognise mental health red flags
A sudden drop in attendance is often a symptom, not the root cause.
4. Encourage psychological safety
Employees who feel safe admitting they are struggling will communicate earlier, preventing these situations altogether.
This case reflects a workplace trend we cannot ignore: more employees are struggling quietly, and more employers are unsure how to respond. The result? Misunderstandings. Breakdowns in communication. Legal disputes that could have been avoided with a single timely message.
As workplaces evolve, so must our approach to managing attendance, mental health, and communication. Compassion and clarity need to go together. Because at the end of the day, most employers don’t want to lose a worker, they just want to know what’s going on.
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