To prove harsh, unfair or unjust dismissal in an unfair dismissal case in the Fair Work Commission, an employee needs to demonstrate that their dismissal was:
1. Harsh, unjust or unreasonable: This means that the dismissal was disproportionate to the employee's conduct or performance, or that the employer did not follow proper procedures in dismissing the employee.
2. Not consistent with the Small Business Fair Dismissal Code: If the employer is a small business, they must follow the Small Business Fair Dismissal Code, which sets out the steps that must be taken before dismissing an employee.
3. Discriminatory: If the dismissal was based on a protected attribute, such as race, gender or age, it may be considered discriminatory.
4. Adverse action: If the dismissal was taken as a result of the employee exercising their workplace rights, such as making a complaint or joining a union, it may be considered adverse action.
To prove these factors, the employee will need to provide evidence and arguments to support their case, such as witness statements, emails, and performance reviews.
Need more information about presenting an unfair dismissal case in the Fair Work Commission?
Call 1800ADVOCATES (1800 238 622) email gethelp@1800ADVOCATES.au or text our on call service 0412ADVOCATES (0412 238 622)
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