Matters to be considered in deciding an application
320 Matters to be considered in deciding an application
In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider—
whether the employee was notified of the reason for dismissal; and
whether the dismissal related to—
the operational requirements of the employer’s undertaking, establishment or service; or
the employee’s conduct, capacity or performance; and
if the dismissal relates to the employee’s conduct, capacity or performance—
whether the employee had been warned about the conduct, capacity or performance; or
whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and
any other matters the commission considers relevant.
Without limiting subsection (1), the commission may decide a dismissal was not harsh, unjust or unreasonable if—
the dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and
the employee’s conduct was, wholly or partly—
unlawful; or
sexual harassment or sex or gender-based harassment.
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