Length of service and unfair dismissal

The length of service of an employee will be a factor for the Fair Work Commission when determining whether a dismissal is harsh, unjust or unreasonable.

“(f) Other relevant matters

[83] The Applicant says she commenced employment with the Respondent in October 1999,

while the Respondent says she commenced on 23 June 2012. On either calculation I find the

Applicant to be a long-term employee of the Respondent and weigh that factor as resulting in

harshness of the dismissal”


Hinic v Safety Assembly Moulding Pty Ltd [2023] FWC 1006 delivered 2 June 2023 per Cross DP