FAIR WORK ACT 1994 - SECT 108

FAIR WORK ACT 1994 - SECT 108

108—Question to be determined at the hearing

        (1)         At the hearing of an application under this Part, SAET must determine whether, on the balance of probabilities, the dismissal is harsh, unjust or unreasonable.

        (2)         In deciding whether a dismissal was harsh, unjust or unreasonable, SAET must have regard to—

            (a)         the Termination of Employment Convention ; and

            (b)         the rules and procedures for termination of employment prescribed by or under Schedule 8; and

            (c)         the degree to which the size of the relevant undertaking, establishment or business impacted on the procedures followed in effecting the dismissal; and

            (d)         the degree to which the absence of dedicated human resource management specialists or expertise in the relevant undertaking, establishment or business impacted on the procedures followed in effecting the dismissal; and

            (e)         whether the employer has failed to comply with an obligation under section 58B or 58C of the Workers Rehabilitation and Compensation Act 1986 ; and

            (f)         any other factor considered by SAET to be relevant to the particular circumstances of the dismissal.

        (3)         If a redundancy payment is made on the dismissal in accordance with a relevant industrial instrument, the dismissal cannot be regarded as harsh, unjust or unreasonable solely on the ground that the payment is inadequate.