When considering whether a termination of employment was harsh, unjust or unreasonable, Fair Work Commission (FWC) will consider:

• whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and
• welfare of other employees)
• whether the person was notified of that reason
• whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person
• any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal
• if the dismissal related to unsatisfactory performance by the person—regardless of whether the person had been warned about that unsatisfactory performance before the dismissal
• the degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in dismissing the employee
• the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal
• any other matters that FWC considers relevant.