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An employee's failure to notify his ongoing absence after annual leave was a valid reason to dismiss him, but the employer's informal management approach and lack of procedural fairness warranted his reinstatement, the Fair Work Commission has ruled.
The abattoir worker had been employed by Cowra Meat Processors for nearly eight years when he was sacked for serious misconduct in March this year.
He claimed the dismissal was unfair, and he sought reinstatement, lost pay and continuity of service.
The Commission heard the employer had five grounds for arguing the dismissal wasn't harsh, unjust or unreasonable, the first being that after taking a period of annual leave, the employee remained absent without authorisation for a further two weeks.
The employee said this was because his ute required repairs while he was taking care of his unwell father at a remote station, where he wasn't permitted to use its telephone...
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