Unfair dismissal despite valid reason
A recent Fair Work Commission (FWC) decision highlights the importance of procedural fairness in the dismissal process. In Unicomb v SESLS Industrial Pty Ltd [2025] FWC 186, the FWC awarded a former employee compensation equivalent to eight weeks’ pay, despite there being a valid reason for their dismissal.
The key issue? The employee was not given a proper opportunity to respond to the reasons for their dismissal before being terminated. Even if an employer has a legitimate reason for dismissing an employee—such as misconduct or poor performance—the process must still be fair and reasonable. This means:
The employee must be informed of the reason for their dismissal.
They must be given a reasonable chance to respond before a final decision is made.
The employer must consider the employee’s response before acting.
Failure to follow these steps can result in an unfair dismissal claim, with elements seen in this case. The FWC reinforced that fair process matters as much as the reason for dismissal.
Key Takeaway for Employees
If you have been dismissed without a proper opportunity to defend yourself, you may still have a valid unfair dismissal claim, even if your employer had a legitimate reason for letting you go. Seeking advice on your rights could help you secure compensation or other remedies.
