Dismissal may be harsh but not unjust or unreasonable

“After considering and taking into account each of the matters specified in section 387 of the Act, my value judgment is that ARTC’s dismissal of Mr Elliot was harsh, but was not unjust or unreasonable. I consider that the dismissal was harsh because, although there was a valid reason for Mr Elliot’s dismissal, his conduct did not warrant his summary dismissal and he was not notified of, and given an opportunity to respond to, part of the conduct which formed the valid reason for his dismissal.”

Elliot v Australian Rail Track Corporation Ltd (2019) FWC 3786 delivered 31 May 2019 per Saunders DP