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When is dismissal unfair?

When FWA considers whether a dismissal is harsh, unjust or unreasonable, they take into account a range of factors including:

  • if there’s a valid reason for the dismissal relating to the employee’s conduct or capacity
  • if the employee is notified of the reason and given an opportunity to respond
  • any unreasonable refusal by the employer to allow the employee to have a support person present at any discussions relating to dismissal
  • if the dismissal relates to unsatisfactory performance, whether the employee is warned about this unsatisfactory performance before the dismissal
  • the impact of the size of the employer’s enterprise on the dismissal process, including the absence of dedicated human resource management specialists or expertise
  • any other factors FWA considers relevant.

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Page last updated: 17 September 2010