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3. THE FEDERAL SYSTEM (continued)

3.1 What is unfair dismissal in the federal system?

The dismissal was 'harsh, unjust or unreasonable'.

Unfair dismissal is the term used when the circumstances of the dismissal are 'harsh, unjust or unreasonable': either because the reasons for dismissal were unfair, or because the way in which the dismissal happened was unfair.

The following factors are considered when deciding whether a dismissal was 'harsh, unjust or unreasonable':

• Whether there was a valid reason for the dismissal, related to the employee's work performance or to the operation of the employer organisation;
• Whether the employee was notified of that reason;
• Whether the employee was given an opportunity to respond to any reasons related to their capacity or conduct;
• If the dismissal related to unsatisfactory work performance, whether the employee had been warned about their unsatisfactory performance before termination;
• The degree to which the size of the employer's business, or the absence of dedicated human resource management specialists, may have had an impact on termination procedures; and
• Any other relevant matters.

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