Section 385 of the Fair Work Act 2009 (Cth) states that: A person has been unfairly dismissed if the FWC is satisfied that: (a) the person has been dismissed; and (b) the dismissal was harsh, unjust or unreasonable; and (c) the dismissal was not consistent with the Small Business Fair Dismissal Code;

(d) the dismissal was not a case of genuine redundancy. Section 387 states all the factors the Fair Work Commission must take into account when deciding whether a dismissal was harsh, unjust or unreasonable.

Choose ONE case where unfair dismissal was successfully argued. Read the case online (on the austlii website or the Fair Work Commission website). Discuss the facts and the legal reasoning in the case. Provide you own opinions. Do you agree or disagree with the decision? Why or why not?