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.