What Makes a Dismissal Harsh, Unjust or Unreasonable?
Under the Fair Work Act, a dismissal can be found unfair—especially if the decision was harsh, unjust or unreasonable. Any one of these is enough.
Harsh means the punishment didn’t fit the circumstances. If losing your job had a devastating effect on your finances or personal life, or the outcome felt excessive, that could be harsh—even if you did something wrong.
Unjust means you didn’t actually do what they accused you of. If you were blamed unfairly or not given a chance to respond to false claims, that may be unjust.
Unreasonable means the employer made a decision that didn’t stack up. If the evidence was weak, if they jumped to conclusions, or if they failed to consider your side of the story properly, the dismissal may be unreasonable.
