What does “harsh, unjust or unreasonable” mean in law?
In considering whether a dismissal was harsh, unjust or unreasonable, Fair Work Australia must take into account: • whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and welfare of other employees), and • whether the person was notified of that reason, and • whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person, and • any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal, and • if the dismissal related to unsatisfactory performance by the person whether the person had been warned about that unsatisfactory performance before the dismissal, and • the degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal, and • the degree to which the absence of dedicated human resource manageme
