Can I fire an employee for not showing up to work?
A fair process for Australian employers dealing with unexplained absence, repeated lateness or failure to attend work.
A failure to attend work can become a valid conduct issue, but dismissal should not be the first automatic response. Confirm the facts, try to contact the employee, check whether leave or another protected reason may apply, explain the concern, allow a response and choose a proportionate outcome. Serious or repeated absence may justify stronger action than a single unexplained shift.
If the employee is absent because of illness, injury, family or domestic violence, a workplace right or another protected reason, dismissal can create significant risk.
Work through it in this order.
Contact and verify
Find out why the employee was absent and whether the business's notification process was reasonably available to them.
Review the employment rules
Check the award or agreement, employment contract, leave rules and attendance policy before deciding the alleged breach.
Hold a fair discussion
Tell the employee the concern and possible consequences, provide the relevant facts and consider their response before deciding.
Choose a proportionate outcome
Depending on seriousness and history, the outcome may be no action, coaching, a warning, a final warning or dismissal with the correct notice and final pay.
What employers often miss.
- A no-show is not automatically serious misconduct.
- Apply the same policy consistently while considering individual circumstances.
- Small business employers should keep evidence of following the Small Business Fair Dismissal Code where relevant.
Check the primary guidance.
Open any source, or first have HR OK email you the practical employer checklist for this issue.
↗Official pages can change. HR OK monitors legislation and source updates, but the facts of the particular workplace still matter.