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Worker who lacked "mental capacity" to text abandoned employment

An employee who maintained he was "not in a mental state to text anyone" while absent for more than two months has failed to convince the Fair Work Commission he didn't abandon his employment.

"In the circumstances it was reasonable for the [employer] to conclude that the [employee] did not intend to return to work for it," said Commissioner Chris Simpson.

In March 2024 the employee transitioned from a permanent administration officer role in Queensland X-Ray's HR team to a casual but similar position in operations, which both parties agreed would give him more flexibility to attend interviews to obtain a permanent graduate role elsewhere.

The employee attended his rostered shifts between 25 March and 18 April, then failed to attend for five days without notifying the employer of any reason. When he returned, he told his new manager he'd been looking after his puppy in an emergency situation, and apologised for his abrupt absence...

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