Document Chunk

The Commission will decide if a dismissal is harsh, unjust or unreasonable, and they consider all the following circumstances:

• if there was a valid reason for the dismissal related to the employee's capacity or conduct
• if the employee was notified of that reason and given an opportunity to respond
• if the employer didn't allow the employee to have a support person present at any discussions about the dismissal, was that unreasonable
• whether the employee had been previously warned that their performance was unsatisfactory
• if the size of the business, or lack of dedicated human resource management specialists or expertise impacted on the procedures that the employer followed when they dismissed the employee, and
• any other matters that the Commission considers relevant.