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An employee who failed to attend work for three weeks because he'd been remanded in custody has lost his unfair dismissal claim, with the Fair Work Commission finding he abandoned his employment.

Deputy President Peter Anderson determined the employee was not "dismissed" within the meaning of section 386 of the Fair Work Act because, although the employer terminated his contract, "the employment relationship had by then already ended due to [the employee's] renunciation of his obligation to attend work when rostered".

Spotless Services Australia ended the security officer's contract in April this year after he failed to attend his rostered shifts without giving notice, and after receiving no response to its numerous attempts to contact him.

In unfair dismissal proceedings, the Commission heard that following a shift on 2 April the employee was questioned by police, before being charged with certain offences and detained at a police station...