The reasons asserted to justify a dismissal by an employer may not necessarily play a vital role in an unfair dismissal case.
“[109] Further, the Respondent noted that the task of the Commission is to determine whether there was a valid reason for the dismissal, which does not need to be the reason given to the employee at the time of the dismissal. Here, the Respondent cited the decision in Newton v Toll Transport Pty Ltd (Newton),25 in which the Full Bench stated:
“[65] The Commission is bound to determine whether, on the evidence provided, facts existed at the time of termination that justified the dismissal. Contrary to the Appellant’s submission, in determining whether there was a valid reason for the dismissal the Commission is not confined to the reason advanced by the employer (either at the time of dismissal or during the course of the subsequent hearing). A valid reason for dismissal can be any valid reason underpinned by the evidence provided to the Commission.”
Kehoe v Waco Kwikform Ltd – [2025] FWC 2551 delivered 22 October 2025 per Riordan C