Production delays trigger employer's frustration. Is reinstatement possible?
The Fair Work Commission (FWC) recently dealt with a case in which a long-term abattoir worker was reinstated despite valid reasons for his dismissal, after the Commission found that the termination was harsh and unjust due to procedural failures and disproportionate punishment.
The case arose when the meat processing company dismissed the worker in March 2025 for alleged serious misconduct, including unauthorised absences, verbal abuse toward supervisors, and leaving his shift early without permission.
The worker challenged the dismissal, seeking reinstatement and compensation, arguing that his eight-year employment record and the circumstances surrounding the incidents made termination unfair.
The company defended the dismissal based on multiple allegations, including racist comments, bullying behavior, drug-related conduct, and failure to follow management instructions, contending the worker's behavior created workplace safety concerns.
The worker's troubles began when his vehicle broke down during a trip to visit his ill father in Queensland, stranding him for two weeks beyond his scheduled annual leave in February 2025.
His daughter contacted the company's payroll officer on the first day of expected return, explaining the vehicle breakdown and lack of mobile reception at the remote cattle station where the worker was caring for his...
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