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An unexplained absence from work constituted abandonment of employment even though the employee was experiencing "extreme" mental health issues, the Fair Work Commission has ruled.

It was possible the employee wasn't capable of communicating with the employer at the time, but if so, this was never explained to it, Commissioner Mark Perica said.

"It is important to note the situation of the employee is not the basis of the test for abandonment of employment. The test is based on the situation of the employer and what [it] knew based on what the employee has communicated."

In a general protections dismissal dispute, the Commission heard that the CNA Accountants office manager took sick leave on Friday 8 November 2024, then the following Monday morning her daughter advised via text message that she was in hospital. The daughter sent a medical certificate later that day, stating the employee would be absent until 17 November...