The Fair Work Commission (FWC) ruled that there was nothing about the employee’s conduct that indicated an intention to abandon his employment.

The FWC ruled Mr Johnston’s failure to return to work did not provide a valid reason for dismissal because the employer was aware of:

• the circumstances surrounding the leave and the employee’s inability to attend work; and
• the request for personal/carer’s leave, and the advice from the hospital that the employee’s wife was likely to be hospitalised until 29 January 2014.