[2025] FWC 2793
Citation: [2025] FWC 2793
What happened
Leigh Moiler was dismissed from Cowra Meat Processors Pty Limited in March 2025. The dismissal followed a period of unauthorised absence and alleged misconduct. Mr Moiler had been employed since April 2017 and was on annual leave before his absence. He was caring for his father, who was recovering from heart surgery, when he failed to return to work as scheduled. The company alleged he left a shift early and verbally abused a staff member. A formal meeting resulted in his termination, citing serious misconduct.
What was decided
The Fair Work Commission found Mr Moiler’s dismissal was harsh, unjust, or unreasonable and ordered his reinstatement. The Commission determined Mr Moiler was protected from unfair dismissal and that his dismissal was not a genuine redundancy. The Commission will determine the amount of lost pay to be ordered after receiving further material from the parties. The allegations of racist comments, bullying, refusal to follow instructions, and a hostile attitude were considered but not detailed in the dismissal letter.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2793.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →