Valid reason for dismissal explained

“(a) Valid reason for the dismissal:

[14] It is well established that the factual basis for the reason for dismissal will not of itself

demonstrate the existence of a valid reason.4

It must, as s.387(a) makes clear, be a valid reason

for dismissal. To be a valid reason, the reason for the dismissal should be “sound, defensible or

well founded”5

and should not be “capricious, fanciful, spiteful or prejudiced.”6

As summarised

by Deputy President Asbury in Smith v Bank of Queensland Ltd a “dismissal must be a

justifiable response to the relevant conduct or issue of capacity”.7

[15] The Respondent had dismissed the Applicant on the basis of reputational damage of the

business resulting from a negative review from an incident outside of work whilst wearing the

work uniform.”


Normington v The Historical Village Herberton (HVH) [2023] FWC 1818 delivered 24 July 2023 per Lake DP