[2026] FWCFB 33
Citation: [2026] FWCFB 33
What happened
Leigh Moiler was dismissed from his role as a production worker at Cowra Meat Processors Pty Limited (Cowra Meat) in March 2025. The dismissal followed his absence from work and alleged misconduct, including verbal abuse of a supervisor and leaving early without permission. Moiler initially applied for unfair dismissal and was initially found to be unfairly dismissed and ordered reinstatement by Commissioner Walkaden. Cowra Meat appealed this decision, seeking to challenge the reinstatement order.
What was decided
The Fair Work Commission Full Bench (FWCFB) allowed Cowra Meat’s appeal and quashed the order for reinstatement. The FWC found the initial Commissioner may have erred in treating certain evidence as hearsay. The case has been remitted back to the Commission for redetermination of the appropriate remedy for Moiler’s unfair dismissal. The appeal did not challenge the finding that Moiler’s dismissal was harsh, unjust, or unreasonable.
What it means for employers
Employers should ensure they have clear communication processes when dealing with employee absences and disciplinary matters. It's crucial to document reasons for dismissal accurately and ensure they are communicated to the employee. Relying on hearsay evidence can weaken a dismissal case.
What it means for employees
Employees should communicate promptly with their employer regarding absences and any workplace issues. It's important to be prepared to provide evidence and explain your perspective when facing disciplinary action.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwcfb33.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 →