Your Essential Guide to Unfair Dismissal

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What is considered to be a valid reason for unfair dismissal?

The first point for the Fair Work Commission to consider in determining whether a dismissal is unfair or not is whether a valid reason exists for the dismissal in the first place. The dismissal cannot simply be at the whim of the employer. Some examples of reasons which have been held by the Fair Work Commission to be valid in the past are as follows: • • • • • • • • •

Dishonest conduct and lying to superiors or co-workers Embezzlement of monies or theft of the employer or co-workers property Endangering the safety of co-workers Repeatedly breaching the policies and procedures of the employer Abusing co-workers or clients Failing to follow the clear direction of a superior Damaging the reputation of the employer Continued poor performance Being consistently absent from work without a valid reason

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