Benchmark WA Industrial Relations Case Database

Unfair dismissal (federal)

doctrinal FED unfair_dismissal_fwc branch: termination
Statute Fair Work Act 2009 (Cth) — Pt 3-2, ss 385-388

Synthesis · 19590 tagged cases

19590 tagged decisions (11231 as primary). Of primary decisions, the most common outcome is '(unspecified)' (7235, 64%).

Outcome distribution

Outcomen%
Resolved (unspecified) 7235 64%
Against applicant dismissed 2065 18%
Against applicant dismissed_jurisdiction 899 8%
For applicant granted 542 5%
Resolved partial 180 2%
Resolved other 83 1%
For applicant order_issued 54 0%
For applicant direction_issued 39 0%
Resolved discontinued 22 0%
Resolved adjourned 21 0%
Against applicant dismissed_want_of_prosecution 8 0%
Resolved settled 6 0%
For applicant Direction issued 5 0%
Procedural respondent_amended 4 0%
Resolved reserved 3 0%
For applicant Directions issued 3 0%
Procedural corrigendum issued 2 0%
Resolved stayed 2 0%
Resolved Respondent’s out of time objection... 2 0%
Against applicant Application dismissed 2 0%
For applicant Order issued 2 0%
Procedural correction order issued 2 0%
For applicant application upheld 2 0%
Resolved jurisdiction found 2 0%
For applicant unfair dismissal upheld and order issued 2 0%
For applicant claim of unfair dismissal made out... 2 0%
For applicant upheld 1 0%
Resolved reasons for decision amended 1 0%
Procedural Order issued to amend the name of respondent 1 0%
For applicant Direction Issued 1 0%
For applicant Order and Direction issued 1 0%
For applicant Appeal upheld 1 0%
Resolved Applicant’s stay application dismissed 1 0%
Resolved Application for a stay dismissed 1 0%
Against applicant Application to extend time refused.... 1 0%
For applicant Orders issued 1 0%
For applicant declaration and orders issued 1 0%
Against applicant application for discovery dismissed 1 0%
Against applicant extension of time refused 1 0%
Procedural order issued to amend the name of respondent 1 0%
Procedural order issued correcting name of respondent 1 0%
Resolved order 1 0%
Against applicant application to dismiss upheld;... 1 0%
Procedural order issued amending the name of respondent 1 0%
Resolved allowed 1 0%
Against applicant order issued - application dismissed 1 0%
For applicant application granted 1 0%
Resolved matter discontinued 1 0%
Against applicant application to dismiss application refused 1 0%
For applicant application not accepted 1 0%
Against applicant admission of evidence is refused 1 0%
Against applicant substantive application dismissed 1 0%
Resolved application dicontinued 1 0%
Resolved application discontinued by order 1 0%
Procedural programming orders issued 1 0%
Resolved application dimissed 1 0%
Against applicant application to accept application... 1 0%
For applicant application not accepted out of time 1 0%
Resolved summons set aside 1 0%
Against applicant jurisdictional objection dismissed 1 0%
For applicant applicant's member reinstated 1 0%
Resolved application for dismissal upheld;... 1 0%
Resolved quashed 1 0%
Resolved application allowed 1 0%
Against applicant claim of unfair dismissal made out... 1 0%
Against applicant claim of unfair dismissal dismissed 1 0%
Procedural name of respondent amended; claim of... 1 0%
Procedural name of respondent amended; claim of... 1 0%

By jurisdiction

Courtn
Fair Work Commission12289
Single Commissioner (WAIRC)4013
Fair Work Commission (Full Bench)1728
Full Bench (WAIRC)485
Public Service Appeal Board (former)338
Fair Work Australia (former)162
Fair Work Australia (Full Bench, former)156
Industrial Appeal Court144
AIRC Full Bench (former)76
Industrial Magistrates Court41
Federal Court of Australia26
?15
High Court of Australia14
Federal Court (Full Court)13
IRCA12
Australian Industrial Relations Commission (former)12
VSC12
NSWADT9
Federal Circuit Court of Australia6
VSCA5
QSC4
Federal Magistrates Court (former)4
NSWSC4
NSWIRComm3
NSWCA3
WASAT3
SASC2
Federal Circuit and Family Court (Div 2 General)2
QIRC2
WA Court of Appeal2
TASSC1
NSWADTAP1
Commission in Court Session (WAIRC)1
NSWCATAD1
ACTSC1

Cross-jurisdictional analogues

CounterpartStrengthNote
unfair_dismissal_wa 0.3 Different statutory tests: WA 'harsh, oppressive, unfair' vs FW s387 criteria. Reasoning rarely transfers without citation.
ps_termination_wa 0.2 Different statutory frameworks; federal cases on procedural fairness and incapacity may inform but do not bind.

Key articulated principles · 12

para 55 — from [2011] FWAFB 7498 FWAFB
Where the applicant presents a case, in the ordinary course each of the criteria in s.387 which is capable of being relevant on the facts emerging at the hearing must be taken into account.
para 51 — from [2011] FWAFB 7498 FWAFB
The employer's size and human resources expertise are among the matters to be considered in assessing whether dismissal procedures were harsh, unjust or unreasonable.
para 72 — from [2011] FWAFB 7498 FWAFB
Each factor in s.387 must be considered and given due weight as a fundamental element in determining whether termination was harsh, unjust or unreasonable.
para 44 — from [2011] FWAFB 7498 FWAFB
The Commission must consider and give due weight to each s.387 factor as a fundamental element in determining whether termination was harsh, unjust or unreasonable.
para 30 — from [2011] FWAFB 7498 FWAFB
The criteria in s.387 of the Fair Work Act are the relevant framework for assessing whether a dismissal is harsh, unjust or unreasonable.
para 168 — from [2011] FWAFB 7498 FWAFB
The Commission is duty-bound to consider each of the criteria set out in s.387 of the Fair Work Act in determining whether a dismissal is unfair.
para 33 — from [2011] FWAFB 7498 FWAFB
The matters listed in section 387 of the Fair Work Act are mandatory criteria that must be taken into account and weighed when determining whether a dismissal was harsh, unjust or unreasonable.
para 82 — from [2011] FWAFB 7498 FWAFB
In determining whether dismissal is harsh, unjust or unreasonable under s.387, the Commission must consider and give due weight to each of the specified matters as a fundamental element in the determination.
para 28 — from [2011] FWAFB 7498 FWAFB
The Commission must take into account the considerations listed in s.387 of the Fair Work Act 2009 (Cth) when determining whether a dismissal was harsh, unjust or unreasonable.
para 50 — from [2011] FWAFB 7498 FWAFB
The Commission must consider and give due weight to each matter specified in s.387 of the Fair Work Act as a fundamental element in determining whether termination was harsh, unjust, or unreasonable.
para 50 — from [2011] FWAFB 7498 FWAFB
The Commission must consider and give due weight to each factor specified in s.387 as a fundamental element in determining whether termination was harsh, unjust or unreasonable.
para 64 — from [2011] FWAFB 7498 FWAFB
Where the applicant presents a case, each of the criteria in s.387 which is capable of being relevant on the facts must be taken into account.

Leading cases · by citation count

CitationCourtRoleCited
[2011] FWAFB 7498 FWAFB primary 191
[1999] FCA 1836 Federal Court primary 168
[1995] HCA 24 High Court primary 103
[2010] FWAFB 5343 FWAFB primary 72
[2016] FWCFB 5500 FWC — Full Bench primary 67
[2013] FWCFB 6191 FWC — Full Bench primary 65
[2010] FWAFB 3488 FWAFB primary 58
[2010] FWAFB 10089 FWAFB primary 52

All tagged cases · 200

CitationCourtRoleDateOutcomeCited
[2011] FWAFB 7498 FWAFB primary 2011-11-22 Against applicant 191
[1999] FCA 1836 Federal Court primary 1999-01-01 Against applicant 168
[1995] HCA 24 High Court primary 1995-10-11 Resolved 103
[2010] FWAFB 5343 FWAFB primary 2010-07-23 Against applicant 72
[2016] FWCFB 5500 FWC — Full Bench primary 2016-09-30 For applicant 67
[2013] FWCFB 6191 FWC — Full Bench primary 2013-08-28 Resolved 65
[2010] FWAFB 3488 FWAFB primary 2010-01-01 Resolved 58
[2010] FWAFB 10089 FWAFB primary 2010-12-24 For applicant 52
[2016] FWC 2899 FWC primary 2016-01-01 Against applicant 49
[2012] FWAFB 1359 FWAFB primary 2012-03-21 Against applicant 47
[2013] FCA 291 Federal Court primary 2013-04-04 Resolved 45
[2011] FCAFC 54 Federal Court — Full Court primary 2011-04-19 Against applicant 44
[2010] FWAFB 7578 FWAFB primary 2010-11-12 Against applicant 44
[2014] FWCFB 714 FWC — Full Bench primary 2014-01-29 Resolved 43
[2012] FWAFB 5241 FWAFB primary 2012-08-14 Resolved 43
[2011] FWAFB 1166 FWAFB primary 2011-03-02 Against applicant 40
[2014] FWCFB 810 FWC — Full Bench primary 2014-02-04 For applicant 38
[2011] FCA 975 Federal Court primary 2011-08-25 Resolved 38
[2010] FWAFB 4022 FWAFB primary 2010-05-26 Resolved 38
[2010] FWA 674 FWA (former) primary 2010-02-19 Against applicant 38
[2016] FWC 1974 FWC primary 2016-01-01 Against applicant 35
[2013] FWCFB 5279 FWC — Full Bench primary 2013-08-02 Against applicant 33
[2010] FWA 2480 FWA (former) primary 2010-04-15 For applicant 33
[2010] FWAFB 5709 FWAFB primary 2010-09-16 For applicant 30
[1995] IRCA 645 IRCA primary 1995-11-28 30
[2014] FWCFB 1070 FWC — Full Bench primary 2014-03-05 Resolved 27
[2025] HCA 29 High Court primary 2025-01-01 Against applicant 26
[2011] FWA 673 FWA (former) primary 2011-02-01 Against applicant 26
[1996] IRCA 568 IRCA primary 1996-11-12 26
[2011] FWA 5458 FWA (former) primary 2011-08-23 Against applicant 25
[2012] FWA 7275 FWA (former) primary 2012-08-31 Against applicant 24
[2011] FWAFB 3769 FWAFB primary 2011-07-08 Against applicant 23
[2011] FWAFB 1080 FWAFB primary 2011-03-16 Resolved 22
[2008] AIRCFB 1088 AIRCFB primary 2008-07-29 For applicant 22
[1995] IRCA 333 IRCA primary 1995-07-07 22
[2009] AIRCFB 680 AIRCFB primary 2009-07-28 Against applicant 20
[2011] FWA 4239 FWA (former) primary 2011-07-08 Against applicant 19
[2008] AIRCFB 15 AIRCFB primary 2008-01-24 For applicant 19
[2010] FWA 1394 FWA (former) primary 2010-02-25 For applicant 18
[2019] FWCFB 1099 FWC — Full Bench primary 2019-02-20 Resolved 17
[2011] FWAFB 5605 FWAFB primary 2011-08-23 Against applicant 17
[2011] FWA 3922 FWA (former) primary 2011-06-21 Against applicant 17
[2007] AIRC 333 AIRC (former) primary 2007-04-26 Against applicant 17
[2016] FWC 461 FWC primary 2016-01-01 Against applicant 16
[2015] FWCFB 2267 FWC — Full Bench primary 2015-04-15 For applicant 16
[2010] FWAFB 8753 FWAFB primary 2010-11-12 Resolved 15
[2009] FWA 1431 FWA (former) primary 2009-12-02 For applicant 15
[2009] AIRCFB 626 AIRCFB primary 2009-08-28 Resolved 15
[2016] FWC 3009 FWC primary 2016-01-01 For applicant 14
[2014] FWCFB 236 FWC — Full Bench primary 2014-01-24 Resolved 14
[2013] FWCFB 2530 FWC — Full Bench primary 2013-04-29 Against applicant 13
[2011] FWAFB 466 FWAFB primary 2011-01-31 Against applicant 13
[2003] FCAFC 252 Federal Court — Full Court primary 2003-11-13 For applicant 12
[2016] FWC 925 FWC primary 2016-01-01 For applicant 11
[2009] FWA 572 FWA (former) primary 2009-10-09 Against applicant 11
[2005] HCA 22 High Court primary 2005-01-01 Resolved 11
[1995] IRCA 292 IRCA primary 1995-06-16 11
[2013] FWC 7080 FWC primary 2013-09-17 Against applicant 10
[2013] FWCFB 1943 FWC — Full Bench primary 2013-04-24 For applicant 10
[2012] FWAFB 8021 FWAFB primary 2012-09-17 Against applicant 10
[2012] FWA 2 FWA (former) primary 2012-01-06 For applicant 10
[2011] FWAFB 5225 FWAFB primary 2011-08-09 Against applicant 10
[2010] FWA 4525 FWA (former) primary 2010-06-17 Against applicant 10
[2016] FWCFB 5243 FWC — Full Bench primary 2016-08-22 Resolved 9
[2011] FWAFB 4038 FWAFB primary 2011-06-30 Against applicant 9
[2016] FCAFC 160 Federal Court — Full Court primary 2016-11-29 Resolved 8
[2012] FWA 10626 FWA (former) primary 2012-12-20 For applicant 8
[2012] FWAFB 7184 FWAFB primary 2012-08-28 Against applicant 8
[2011] FWAFB 6265 FWAFB primary 2011-09-16 Against applicant 8
[2010] FWA 7891 FWA (former) primary 2010-10-14 Against applicant 8
[2007] AIRCFB 797 AIRCFB primary 2007-10-05 Against applicant 8
[1998] HCA 18 High Court primary 1998-01-01 Against applicant 8
[1997] IRCA 15 IRCA primary 1997-02-07 8
[2021] HCA 32 High Court primary 2021-01-01 Against applicant 7
[2018] FWCFB 1255 FWC — Full Bench primary 2018-03-05 Against applicant 7
[2013] FWC 3593 FWC primary 2013-06-12 Resolved 7
[2012] FWAFB 3206 FWAFB primary 2012-05-31 Against applicant 7
[2010] FWA 3863 FWA (former) primary 2010-05-20 For applicant 7
[2010] FWA 2357 FWA (former) primary 2010-03-22 For applicant 7
[2017] FWC 3866 FWC primary 2017-08-04 Against applicant 6
[2016] FWC 1978 FWC primary 2016-01-01 Against applicant 6
[2016] FWC 3773 FWC primary 2016-01-01 Against applicant 6
[2014] FWCFB 888 FWC — Full Bench primary 2014-04-23 Against applicant 6
[2013] FWC 9804 FWC primary 2013-12-16 Resolved 6
[2012] FWA 9517 FWA (former) primary 2012-11-12 For applicant 6
[2011] FWAFB 4070 FWAFB primary 2011-09-09 Resolved 6
[2011] FWA 4092 FWA (former) primary 2011-07-06 Against applicant 6
[2011] FWA 3610 FWA (former) primary 2011-06-07 Against applicant 6
[2011] FWA 2910 FWA (former) primary 2011-05-12 Against applicant 6
[2010] FWA 6857 FWA (former) primary 2010-10-22 For applicant 6
[1999] SASC 300 SASC primary 1999-01-01 6
[2015] FWC 697 FWC primary 2015-01-01 For applicant 5
[2013] FCA 4 Federal Court primary 2013-01-10 Against applicant 5
[2012] FWAFB 6754 FWAFB primary 2012-08-10 Against applicant 5
[2012] FWA 3453 FWA (former) primary 2012-04-23 Against applicant 5
[2012] FWA 2907 FWA (former) primary 2012-04-04 For applicant 5
[2010] FWA 6503 FWA (former) primary 2010-08-24 Against applicant 5
[2010] FWA 5515 FWA (former) primary 2010-07-29 Against applicant 5
[2010] FWA 28 FWA (former) primary 2010-01-07 Against applicant 5
[1995] IRCA 222 IRCA primary 1995-05-05 5
[2018] FWC 4991 FWC primary 2018-08-28 Resolved 4
[2016] FWC 5041 FWC primary 2016-01-01 Against applicant 4
[2015] FWC 1294 FWC primary 2015-01-01 Against applicant 4
[2014] FWC 7854 FWC primary 2014-11-06 Against applicant 4
[2014] FWCFB 613 FWC — Full Bench primary 2014-02-19 Against applicant 4
[2014] FWC 744 FWC primary 2014-01-30 Against applicant 4
[2013] FCAFC 157 Federal Court — Full Court primary 2013-12-13 Against applicant 4
[2013] FWC 3941 FWC primary 2013-06-19 Against applicant 4
[2013] FWCFB 1198 FWC — Full Bench primary 2013-01-01 For applicant 4
[2013] FWC 235 FWC primary 2013-01-01 For applicant 4
[2012] FWA 7049 FWA (former) primary 2012-08-17 Against applicant 4
[2012] FWA 6259 FWA (former) primary 2012-08-15 Against applicant 4
[2012] FWAFB 3995 FWAFB primary 2012-05-17 Against applicant 4
[2011] FCAFC 155 Federal Court — Full Court primary 2011-12-02 Against applicant 4
[2011] FWAFB 5230 FWAFB primary 2011-08-08 Against applicant 4
[2011] FWA 3549 FWA (former) primary 2011-06-23 Against applicant 4
[2011] FWA 3354 FWA (former) primary 2011-06-03 For applicant 4
[2011] FWAFB 955 FWAFB primary 2011-02-15 Against applicant 4
[2010] FWA 9440 FWA (former) primary 2010-12-08 For applicant 4
[2010] FWA 8544 FWA (former) primary 2010-11-05 Against applicant 4
[2008] AIRCFB 81 AIRCFB primary 2008-02-08 Against applicant 4
[2026] FWC 20 FWC primary 2026-01-01 Against applicant 3
[2019] FWCFB 4258 FWC — Full Bench primary 2018-10-18 Against applicant 3
[2018] FWC 6242 FWC primary 2018-10-16 Against applicant 3
[2018] FWC 2648 FWC primary 2018-05-21 Against applicant 3
[2016] FWC 1150 FWC primary 2016-01-01 Against applicant 3
[2016] FWC 834 FWC primary 2016-01-01 Resolved 3
[2016] FWC 1291 FWC primary 2016-01-01 Against applicant 3
[2016] FWC 1323 FWC primary 2016-01-01 Against applicant 3
[2016] FWC 1029 FWC primary 2016-01-01 Against applicant 3
[2016] FWC 1532 FWC primary 2016-01-01 Against applicant 3
[2016] FWC 2298 FWC primary 2016-01-01 Against applicant 3
[2016] FWC 3120 FWC primary 2016-01-01 Resolved 3
[2016] FWC 5019 FWC primary 2016-01-01 Against applicant 3
[2015] FWC 2720 FWC primary 2015-04-21 Resolved 3
[2015] FWCFB 1257 FWC — Full Bench primary 2015-03-24 For applicant 3
[2015] FWC 996 FWC primary 2015-01-01 Resolved 3
[2015] FWC 189 FWC primary 2015-01-01 Against applicant 3
[2015] FWC 364 FWC primary 2015-01-01 Against applicant 3
[2014] FWCFB 1043 FWC — Full Bench primary 2014-02-12 Resolved 3
[2013] FWCFB 9230 FWC — Full Bench primary 2013-11-22 Against applicant 3
[2013] FWCFB 8255 FWC — Full Bench primary 2013-10-22 Resolved 3
[2013] FWCFB 5834 FWC — Full Bench primary 2013-09-20 Against applicant 3
[2013] FWC 224 FWC primary 2013-01-01 Against applicant 3
[2013] FWC 668 FWC primary 2013-01-01 Resolved 3
[2012] FWA 9309 FWA (former) primary 2012-10-30 Against applicant 3
[2012] FWAFB 5933 FWAFB primary 2012-09-12 Against applicant 3
[2012] FWAFB 6508 FWAFB primary 2012-08-03 For applicant 3
[2012] FWA 3126 FWA (former) primary 2012-07-06 Against applicant 3
[2012] FWA 4917 FWA (former) primary 2012-06-21 Against applicant 3
[2012] FWA 2375 FWA (former) primary 2012-03-23 Against applicant 3
[2011] FWAFB 7794 FWAFB primary 2011-11-10 Against applicant 3
[2011] FWA 6853 FWA (former) primary 2011-10-05 Against applicant 3
[2011] FWAFB 2929 FWAFB primary 2011-06-10 Against applicant 3
[2011] FWAFB 1422 FWAFB primary 2011-03-15 Resolved 3
[2011] FWA 141 FWA (former) primary 2011-01-12 Against applicant 3
[2010] FWA 8789 FWA (former) primary 2010-11-12 Against applicant 3
[2010] FWA 4548 FWA (former) primary 2010-07-02 Against applicant 3
[2010] FWA 4342 FWA (former) primary 2010-06-23 For applicant 3
[2010] FWA 4540 FWA (former) primary 2010-06-18 Against applicant 3
[2010] FWA 3674 FWA (former) primary 2010-05-25 For applicant 3
[2009] AIRC 47 AIRC (former) primary 2009-01-16 Against applicant 3
[2007] AIRC 969 AIRC (former) primary 2007-11-30 Resolved 3
[2004] FCA 1661 Federal Court primary 2004-01-01 Resolved 3
[2021] FWCFB 6015 FWC — Full Bench primary 2021-09-27 Against applicant 2
[2021] FWCFB 5419 FWC — Full Bench primary 2021-09-01 Resolved 2
[2019] FWC 8489 FWC primary 2019-12-16 Against applicant 2
[2019] FWC 4292 FWC primary 2019-06-28 For applicant 2
[2019] FWC 1687 FWC primary 2019-03-15 For applicant 2
[2018] FWC 6695 FWC primary 2018-10-29 For applicant 2
[2018] FWC 2798 FWC primary 2018-05-21 Against applicant 2
[2018] FWC 2151 FWC primary 2018-04-24 For applicant 2
[2016] FWC 6018 FWC primary 2016-09-09 Against applicant 2
[2016] FWCFB 2630 FWC — Full Bench primary 2016-04-27 Against applicant 2
[2016] FWC 113 FWC primary 2016-01-01 For applicant 2
[2016] FWC 901 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 2098 FWC primary 2016-01-01 Resolved 2
[2016] FWC 2459 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 2790 FWC primary 2016-01-01 For applicant 2
[2016] FWC 3539 FWC primary 2016-01-01 Resolved 2
[2016] FWC 405 FWC primary 2016-01-01 For applicant 2
[2016] FWC 551 FWC primary 2016-01-01 Resolved 2
[2016] FWC 565 FWC primary 2016-01-01 Resolved 2
[2016] FWC 533 FWC primary 2016-01-01 For applicant 2
[2016] FWC 241 FWC primary 2016-01-01 Resolved 2
[2016] FWC 657 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 990 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 886 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 804 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 858 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 1231 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 972 FWC primary 2016-01-01 For applicant 2
[2016] FWC 562 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 1321 FWC primary 2016-01-01 For applicant 2
[2016] FWC 1395 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 1418 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 1250 FWC primary 2016-01-01 Resolved 2
[2016] FWC 1482 FWC primary 2016-01-01 For applicant 2
[2016] FWC 1522 FWC primary 2016-01-01 Against applicant 2
[2016] FWC 1756 FWC primary 2016-01-01 Resolved 2