Unfair dismissal; personal circumstances

employment advice for employees and employees

The personal circumstances of and effect upon an employee of a dismissal are relevant factors when determining whether a dismissal is relevantly unfair.

“[51] It has long been established that the effects of dismissal on the personal or economic

situation of a dismissed employee may be taken into consideration under s.387(h) of the Act.32

The unchallenged evidence is that the Applicant was a minor undertaking an

apprenticeship/traineeship at the time of her instant dismissal, which Mr Hallak (as decisionmaker in determining to dismiss the Applicant without notice) was obviously well aware of.

This weighs towards a finding that the Applicant’s dismissal was harsh, unjust and

unreasonable.”

 

McGinty v Hair & Co Pty Ltd [2023] FWC 1257 delivered 29 May 2023 per Boyce DP