In the Australian legal system, procedural fairness in dismissal is not a luxury; it is a requirement. Whether an employee is accused of theft, bullying, or job abandonment, the employer must follow a fair process. This means notifying the employee of the reason for the potential dismissal and giving them a genuine opportunity to respond.
As the case of Robert John Wilson proves, a failure in procedure can lead to a finding of unfair dismissal VIC, regardless of how long the employee has been away.
The Junk Folder Dismissal
Imagine finding out you’ve been fired via an unsigned email that had been sitting in your junk folder for three weeks. This was the reality for Mr. Wilson. The Commission found this to be a gross violation of procedural fairness in dismissal. Care Park had made no effort to call him, send a letter by post, or respond to his previous emails.
The Abandonment of employment Fair Work Commission guidelines are clear: an employer must take active steps to contact the worker. They cannot just sit back, wait for a period of time to pass, and then claim "abandonment."
Proving Your Status During Extended Absence
If you are facing an extended absence due to a workers compensation claim or mental health issues, you must protect your "procedural shield."
- Keep the Paper Trail: Always send emails or texts to confirm your status.
- Submit Certificates: Ensure your certificates of capacity are up to date and sent to the correct person in HR.
- Ask Questions: If you haven't heard from your boss in a week, send a polite follow-up. This prevents them from claiming they "lost touch" with you.
Constructive Dismissal vs Abandonment
In many cases, an employer will stop communicating in the hope that the employee will just "go away." This is a form of constructive dismissal vs abandonment. By making the environment so uncertain and stressful, the employer is essentially forcing the resignation. If this happens to you, do not resign without seeking specialist advice first.
Psychosocial Hazards and the Right to Disconnect
The modern workplace is also waking up to psychosocial hazards for isolated workers. Isolated workers—those working from home or those away on long-term medical leave—are at a higher risk of being "forgotten" by management systems. The Right to Disconnect laws are a step toward protecting worker well-being, but they must be paired with an employer's duty to maintain professional, supportive contact with absent staff.
Don't let an "abandonment" label stick to you when you were simply recovering. If your employer has failed to provide procedural fairness, you may have a strong case for compensation. Explore the facts and your next steps at AWNA: Job Abandonment: Parking Inspector Dismissed for Injury While Issuing Ticket