The dismissal of an employee may be harsh, unjust and unreasonable or a combination of those concepts in a test of whether it was unfair in a relevant sense, thus
“Conclusion
[72] The dismissal was harsh given the Applicant was dismissed summarily following a heated argument where no physical threats were made. The Applicant was not afforded a proper process where he could have been counselled regarding his approach in the meeting and how he should conduct himself in future meetings. This was unjust.
[73] However, the dismissal was not unreasonable. By all accounts the relationship was showing signs of stress. Mr Schmidt was questioning whether the work that the Applicant had done in developing a modelling system was going to be of benefit to the company. This was combined with the fractures in the relationship caused by the Applicant’s belligerent attitude. [74] The dismissal was harsh and unjust. Therefore, the Applicant is entitled to an unfair dismissal remedy. I now consider remedy. “
Sabag v D&T Hydraulics and Engineering Pty Ltd [2024] FWC 3336 delivered 3 December 2024 per Lake DP