In order for a dismissal to be considered unfair, the Fair Work Commission must determine whether there was a valid reason for the employee\u2019s dismissal that was related to their capacity or conduct. Some acts are considered valid for instant dismissal, such as theft, fraud, violence and serious breaches of protocol related to health or safety. There must also be a procedure in place that is fair to the employee. In addition, the Commission will factor in the employee\u2019s performance record, age, years of service, contrition for the conduct that resulted in dismissal and any other factor deemed relevant.<\/p>\n\n\n\n

If you have been the victim of an unfair dismissal, there are options available to you. You may be eligible for compensation, or you could be given your job back.<\/p>\n\n\n\n