Worker argues significant mental health and personal health issues
A worker challenged his dismissal, arguing there was no valid reason for termination as he had not abandoned his employment, and the employer did not take adequate action to notify him that his employment was at risk.
The worker contended he was suffering from significant mental health and personal health issues, which impacted his ability to communicate with the employer, and he did not see the email until the morning of the deadline.
The employer maintained that the worker failed to attend work for an extended period and failed to communicate his absence, formed the view that the worker had abandoned his employment, and sent an email to the worker's personal email address used for work-related communication inviting contact by a specified date.
The employer confirmed that the worker's attendance had been a concern for some time and provided evidence in the form of a performance improvement plan, which had been provided to the worker on 28 January 2025. A required outcome of the performance improvement plan was a "significant improvement in attendance rates at work".
From the payroll data provided by the employer, the worker's attendance, starting from May 2025, declined significantly. In the month of May 2025, the worker had six days of unpaid leave out of 22 working days.
From the text message evidence provided by the parties, the worker was in contact with his...
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