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The Fair Work Commission has stayed the reinstatement of an employee whose dismissal was unfair, while downplaying the employer's concerns about his potential impact on others in the workplace.

The relevant considerations were "finely balanced", said Vice President Mark Gibian, but he ultimately accepted it would be "undesirable for the employment relationship to be reestablished" while the employer's appeal was in train.

Last month, Cowra Meat Processers Pty Ltd was ordered to reinstate an employee it sacked for serious misconduct, after he failed to notify it of his ongoing absence following a period of annual leave.

Commissioner Adam Walkaden accepted the unexplained absence was a valid dismissal reason, however he found the employer's other misconduct allegations – including leaving a shift without permission, and outbursts affecting other workers – weren't made out, and that overall the dismissal was unfair (read HR Daily's full report on that decision here).

He ordered reinstatement of the employee within 14 days, along with continuity of service and lost pay...