What To Do When An Employee Stops Showing Up To Work In Australia

When an employee is not showing up to work, it can throw your entire business off course. Rosters fall apart, customers get impacted, and your team may feel the pressure (and frustration) of covering shifts with little notice.

But before you jump to conclusions or move straight to termination, it’s important to respond in a way that is both practical and legally defensible. In Australia, the right approach usually depends on the reason for the absence, what your employment contract, policies, and any applicable award or enterprise agreement say, and whether you’ve followed a fair process.

This guide walks you through what to do step-by-step when an employee is not showing up to work, including how to document the situation, when to escalate, and how to reduce the risk of an unfair dismissal claim.

First Things First: Is This A No-Show, Or An Approved Absence?

From a legal risk perspective, one of the biggest mistakes employers make is treating all absences the same. An employee who is not showing up to work could be:

• A genuine emergency (accident, hospitalisation, family crisis)
• Illness (with or without a medical certificate)
• A mental health issue (which can involve additional duty-of-care considerations)
• A roster mix-up (especially with casuals and shift changes)
• Unauthorised absence (no contact, no explanation)
• Potential abandonment of employment (extended absence, non-response)

In other words, not showing up is a symptom - your next steps should be about working out what’s going on and responding proportionately.

Check Your Key Documents Before You Act

Start by checking:

• The employment contract (notice requirements, absence reporting rules, disciplinary process)
• Any workplace policy (leave, attendance, “no call/no show” procedure)
• The applicable modern award or enterprise agreement (these often contain specific rules on absence, evidence, and disciplinary steps, and some include clauses dealing with “abandonment” or loss of employment in certain circumstances)

If your documentation is unclear (or you don’t have it), it’s worth tightening this up going forward with a properly tailored Employment Contract.

A Practical Same-Day Checklist When An Employee Is Not Showing Up To Work

When an employee is not showing up to work and you need to manage the business impact immediately, these steps will usually put you on the right track.

1) Try To Contact Them (More Than Once)

Start with the most direct contact method (usually a phone call), then follow up with SMS and email. If you can, contact them through the channels they normally use with your business.

Keep the message simple and factual:

• confirm their shift start time
• ask whether they’re safe
• ask them to contact you as soon as possible

At this stage, avoid threats or assumptions. Your goal is to establish communication.

2) Check If There’s A Safety Issue

If the absence is unusual and completely out of character, consider whether this could be a welfare issue (accident, medical emergency). In rare cases, you may need to contact an emergency contact, especially if you have genuine concerns about safety.

Be careful not to overshare information when contacting others. Only share what’s necessary (for example, that you’re concerned they haven’t arrived and are uncontactable).

3) Document Everything As You Go

If the situation escalates later, your notes matter. Create a clear record of:

• the rostered shift(s) missed
• the times you attempted contact
• how you attempted contact (call/SMS/email)
• any replies received (and when)
• any impact on the business (if relevant)

Even if you end up resolving it informally, good records make it easier to manage consistently across your team.

4) Cover The Shift - But Don’t “Punish” The Employee Yet

Operationally, you may need to call in another staff member or adjust workloads. That’s fine.

Legally, what you want to avoid is making immediate decisions (like removing all shifts, sending angry messages, or terminating) before you’ve given the employee a reasonable opportunity to explain.

What The Law Cares About: Fair Process, Evidence, And Consistency

When an employee is not showing up to work, the legal risks for small businesses typically fall into a few categories:

• Unfair dismissal risk (if you terminate without a fair process)
• General protections risk (if the absence relates to illness, injury, or workplace rights)
• Discrimination risk (if the absence is connected to disability, pregnancy, carer responsibilities, etc.)
• Underpayment/backpay risk (if you stop pay incorrectly or make unlawful deductions)

You don’t need to be perfect, but you do need to be reasonable, procedurally fair, and consistent.

“Abandonment Of Employment” Isn’t Automatic

Some employers assume that if someone is not showing up to work and not responding, that automatically means “job abandonment” and they can just process the termination.

In practice, it’s not always that simple. Whether you can treat the employment as abandoned can depend on your contract, policies, and the applicable award or enterprise agreement (some contain specific “abandonment” clauses), how long the employee has been absent, and whether you’ve clearly warned them (in writing) that their employment may be treated as ended if they don’t respond.

A safer approach is often to manage it through a clear, documented process and give the employee a reasonable opportunity to respond, especially if the absence is only a few days.

Sick Leave Without Evidence: What Can You Ask For?

If the employee later says they were sick, the next question is usually: “Do they need to prove it?”

Often, you can request reasonable evidence (like a medical certificate or statutory declaration) depending on the circumstances, the award, and your policies. If you’re unsure how evidence requirements apply in practice, the principles in Sick Leave Without A Certificate are a useful starting point.

Also keep in mind that casual employees don’t have paid personal/carer’s leave under the National Employment Standards (NES), but they can still be absent due to illness and may have protections in some situations.

How To Escalate: A Step-By-Step Process That’s Usually Defensible

If the employee is still not showing up to work (or they do show up later but with no adequate explanation), you’ll usually want to escalate in a structured way.

Step 1: Request An Explanation In Writing

If you haven’t already, send an email asking the employee to explain:

• why they missed the shift(s)
• why they didn’t notify you earlier (if applicable)
• whether they’re fit to return to work
• any evidence they can provide (if relevant)

Set a reasonable deadline to respond (for example, 24–48 hours depending on the situation and urgency).

Step 2: Use A Show Cause Letter (If It’s Serious Or Ongoing)

If the absence is significant, repeated, or the employee is unresponsive, a formal “show cause” process can help you move forward fairly.

A show cause letter generally sets out:

• what has happened (facts and dates)
• why it’s a serious concern (impact on the business, breach of policy, etc.)
• the potential consequences (including termination)
• the opportunity to respond before a decision is made

This is the kind of document that often becomes crucial evidence later, so it’s worth getting right. The structure and purpose are covered in Show Cause Letters.

Step 3: Hold A Meeting (And Allow A Support Person If Appropriate)

If the employee responds, you’ll generally want to meet with them to discuss what happened. Keep it factual and calm.

In many workplaces, it’s best practice to allow the employee to bring a support person (particularly if the meeting could lead to disciplinary action).

Step 4: Consider Interim Measures (Only If Needed)

If the situation involves allegations of serious misconduct or serious safety concerns, you may consider interim measures while you investigate (for example, a direction not to attend work for a short period).

This needs to be handled carefully, including checking the employment contract, any applicable award or enterprise agreement, and whether the employee should remain paid during the interim period. Getting this wrong can create wage claims and other legal risks. If this scenario fits your circumstances, the considerations in Standing Down An Employee Pending Investigation can help you understand what’s generally involved.

Can You Terminate For Not Showing Up To Work? What Australian Small Businesses Should Consider

Yes - sometimes termination is appropriate when an employee is not showing up to work. But the “how” matters just as much as the “why”.

Before deciding on termination, ask:

• Was the absence unauthorised, or did the employee have a valid reason?
• Did the employee have an opportunity to explain?
• Have you acted consistently compared to similar situations?
• Are there any medical, mental health, or other protected factors in play?
• Are you following the contract/award and the NES?

Termination During Probation

If the employee is still within their probation period, you may have more flexibility - but you still need to act carefully and follow a fair process.

Probation doesn’t mean you can ignore minimum notice requirements or skip procedural fairness entirely. It also doesn’t remove all legal risk (for example, general protections claims can still arise). If this is relevant, Termination During Probation provides practical guidance on the key issues to consider.

Notice, Or Payment In Lieu Of Notice

In many cases, termination for absenteeism will be termination with notice (or payment in lieu), rather than summary dismissal.

If you want the employment to end immediately, you may be able to make a payment instead of requiring them to work out their notice period. This is a common tool for small businesses that need certainty and a clean break. The basics are explained in Payment In Lieu Of Notice.

Summary Dismissal (Without Notice) Is Higher Risk

Some “no show” scenarios can amount to serious misconduct, but summary dismissal is generally higher risk and more likely to be disputed.

Whether not attending work is serious enough to justify instant dismissal can depend on factors like:

• how long the employee was absent
• whether they were warned previously
• whether they deliberately refused to attend
• the nature of your business (for example, safety-critical roles)
• any award or contractual disciplinary requirements

If you’re considering summary dismissal, it’s usually worth getting advice first - because the cost of getting it wrong can outweigh the short-term convenience.

Be Careful With Deductions And Final Pay

If the employee was absent without leave, you generally don’t have to pay them for hours they didn’t work. However, avoid making “extra” deductions as punishment unless they are lawful and properly authorised.

Final pay also needs to be handled correctly (including any accrued entitlements that must be paid out).

How To Prevent “Not Showing Up To Work” Issues Before They Start

While you can’t prevent every no-show, you can reduce how often it happens - and make it easier to manage legally - by putting the right systems in place.

Set Clear Attendance Expectations From Day One

Your onboarding process should clearly explain:

• who to contact if they can’t attend work
• how much notice they should give (when possible)
• what evidence may be required for sick leave
• what happens if they don’t follow the process

Have The Right Workplace Documents In Place

For most small businesses, the foundations include:

• Employment Contract (tailored to the role and your business)
• Leave and attendance policy (clear “no call/no show” steps)
• Performance management and disciplinary process (so escalation isn’t improvised)

Having these in writing helps you manage issues consistently, and it also helps employees understand what’s expected.

Review Your Rostering And Shift-Change Practices

If you run a rostered workplace (hospitality, retail, healthcare, trades, logistics), shift confusion can be a genuine cause of an employee not showing up to work.

Even when the employee is responsible for checking their roster, it’s still good risk management to ensure shift changes are clearly communicated and recorded.

Act Early On Patterns

A single no-show can be a one-off. But patterns (late arrivals, repeated last-minute sick days, unexplained absences) should be addressed early with a documented conversation.

Handled well, an early conversation can prevent a bigger dispute later.

Key Takeaways

• When an employee is not showing up to work, start with practical steps: contact them, check welfare concerns, and document every attempt and response.
• Don’t assume “job abandonment” automatically applies - check the contract and any applicable award or enterprise agreement, and follow a fair process with clear written communication before ending employment on this basis.
• A structured escalation process (written request for explanation, meeting, and if needed a show cause letter) is often the most defensible approach.
• Termination can be an option, but the legal risk depends on the reason for the absence, the employee’s response, and whether you follow contract/award and Fair Work requirements.
• Having strong workplace documents (especially an Employment Contract and clear absence rules) can significantly reduce confusion and disputes when no-shows happen.

If you’d like help managing a situation where an employee is not showing up to work, or you want your employment documents set up properly, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Note: This article is general information only and does not constitute legal advice. Consider getting advice about your specific circumstances.