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Fair Work Act 2009
536LMCriteria for considering whether a termination was unfair etc.
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536LM Criteria for considering whether a termination was unfair etc.
(1) In considering whether it is satisfied that a termination was unfair, the FWC must take into account:
(a) whether there was a valid reason for the termination related to the person’s capacity or conduct; and
(b) whether any relevant processes specified in the Road Transport Industry Termination Code were followed; and
(c) any other matters that the FWC considers relevant.
(2) Despite subsection (1) and any other provision of this Part, a termination that occurs because of serious misconduct of the person who was deactivated is not unfair.