Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 77

In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider—

(a) whether the employee was notified of the reason for dismissal; and

(b) whether the dismissal related to—

(i) the operational requirements of the employer's undertaking, establishment or service; or

(ii) the employee's conduct, capacity or performance; and

(c) if the dismissal relates to the employee's conduct, capacity or performance—

(i) whether the employee had been warned about the conduct, capacity or performance; or

(ii) whether the employee was given an opportunity to respond to the allegation about the conduct, capacity or performance; and

(d) any other matters the commission considers relevant.