Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 320

320 Matters to be considered in deciding an application

(1) In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider—

(a) whether the employee was notified of the reason for dismissal; and

(b) whether the dismissal related to—

(i) the operational requirements of the employer’s undertaking, establishment or service; or

(ii) the employee’s conduct, capacity or performance; and

(c) if the dismissal relates to the employee’s conduct, capacity or performance—

(i) whether the employee had been warned about the conduct, capacity or performance; or

(ii) whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and

(d) any other matters the commission considers relevant.

(2) Without limiting subsection (1) , the commission may decide a dismissal was not harsh, unjust or unreasonable if—

(a) the dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and

(b) the employee’s conduct was, wholly or partly—

(i) unlawful; or

(ii) sexual harassment or sex or gender-based harassment.