Was Your Dismissal Harsh, Unjust or Unreasonable?

If you’ve recently been dismissed, you might be wondering whether what happened was actually legal — or whether it was, in fact, unfair. Under Australia’s Fair Work Act, the key question the Fair Work Commission must answer in every unfair dismissal case is whether the dismissal was “harsh, unjust or unreasonable.” It’s a powerful test, and one that has helped thousands of workers successfully challenge their termination.

Contrary to what some employers might suggest, having a “reason” for dismissal doesn’t automatically make it lawful. The Commission takes a broader view. A dismissal can be harsh if the punishment outweighs the conduct — for example, if someone is terminated over a one-off mistake, or if they were going through difficult personal circumstances that the employer ignored. The human impact matters. The Commission considers how the dismissal affected the employee’s life and livelihood.

It can also be unjust. This happens when the employee is blamed for something they didn’t do, or when a situation is twisted or misrepresented to make the employee look worse than they are. If the decision was based on flawed information, assumptions, or hearsay, that dismissal can be found unfair. And just because the employer claims a particular version of events doesn’t mean the Commission will accept it at face value.

Then there’s the question of whether the dismissal was unreasonable. Even where there is some basis for concern, the way the employer goes about the process still matters enormously. Was there a proper investigation? Were you given a chance to respond? Did you have a support person? Was the outcome predetermined from the start? These are all questions the Commission examines. If the process was rushed, one-sided, or lacking in transparency, that can tip the scales in favour of the worker.

One of the biggest misconceptions is that if the employer says it was “serious misconduct,” then there’s nothing you can do. In reality, the Commission takes a much deeper look. Context is everything. A single angry moment, a misstep, or even a breach of policy won’t necessarily justify immediate termination if it doesn’t fundamentally destroy the trust in the employment relationship. The Fair Work Commission expects employers to consider alternative options — such as warnings, performance management, or redeployment — before jumping straight to dismissal.

Procedural fairness is a huge factor. The law requires that employees are treated fairly during the disciplinary process, not just at the end of it. If you weren’t given an opportunity to respond, or if your employer failed to follow their own procedures, that could amount to an unfair dismissal — regardless of the underlying issue.

And here’s something else worth knowing: many employers try to shield themselves from scrutiny by using legal terms like “summary dismissal” or “serious misconduct.” But those labels don’t automatically win them the case. The Commission looks at the substance, not the spin.

If any of this sounds familiar, you may have strong grounds to take action. Standing up to your employer might feel daunting — but you don’t have to do it alone. At Workplace Justice, we specialise in unfair dismissal claims. We help employees understand their rights, fight back, and secure fair outcomes. Whether you're after compensation or just want to set the record straight, we’re here to help.

Because at the end of the day, losing your job shouldn't mean losing your voice.