Accused of abandoning your job?
Your employer says you abandoned your job, but you never meant to quit.
You missed work for reasons you can explain, such as illness, an emergency or a mix-up over approved leave. Now your employer says you abandoned your job entirely.
Abandonment assumes you intended to quit without saying so. Misconduct dismissal cases about absence turn on whether that intention existed, a question central to any unfair dismissal claim.
Does missing work automatically count as abandonment?
No. Abandonment needs evidence that you intended to end the employment, not just that you were absent, even for days.
An absence caused by illness, an emergency or a genuine misunderstanding about approved leave is very different from someone who disappears with no contact.
What if I tried to contact my employer during the absence?
Gather any message, call log or email you sent to explain your absence or request leave, even if nobody replied.
A documented attempt to communicate undermines any claim that you meant to walk away without a word.
Who has to prove abandonment actually happened?
Your employer must prove abandonment or another just cause for dismissal. You do not have to prove you never meant to quit.1
A single missed shift or a short, explained absence is weak ground for treating someone as having abandoned their job.
How long do you have to challenge the dismissal?
You have 60 days from the date you were treated as dismissed to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
If it succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twenty four months for a confirmed employee and twelve months for a probationer.3
What should you do this week?
Write a clear timeline of the absence, including the reason, any attempt to contact your employer, and how you found out you had been dismissed. Gather medical certificates or other documents that explain the absence.
If you were accused with no proper hearing, read about being dismissed without a domestic inquiry. A domestic inquiry is an internal company hearing into alleged misconduct.
Then use the deadline calculator to check your window.
If you want to challenge the abandonment allegation, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your absence timeline and messages directly to that lawyer. They can review whether it is a case they can act on.
Your employer says you abandoned your job, but you can explain the absence. An independent employment lawyer can review your timeline and messages, and act on it if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
How many days of absence does it take to count as abandonment?
The law sets no fixed number of days, so the full context matters more than a count. A short absence with a reasonable explanation is very different from weeks of total silence.
What if my employer never tried to contact me either?
An employer who made no attempt to reach you before declaring abandonment weakens its own position. Note whether you got any call, message or letter checking on your absence before the decision.
Does it matter if I later found out my leave request was never approved?
Yes. A genuine belief that leave had been approved, even if mistaken, is relevant to whether you meant to abandon your job. Keep any message or conversation about your leave request.
Can I still get my old job back if I win this claim?
Reinstatement is a possible remedy if a claim succeeds, and the Industrial Court decides it on the facts of your case. It is one possible remedy, not something promised in advance.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
Your employer says you abandoned your job, but you can explain the absence. An independent employment lawyer can review your timeline and messages, and act on it if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.