sec.320Matters to be considered in deciding an application

### sec.320 Matters to be considered in deciding an application In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider— whether the employee was notified of the reason for dismissal; and whether the dismissal related to— the operational requirements of the employer’s undertaking, establishment or service; or the employee’s conduct, capacity or performance; and if the dismissal relates to the employee’s conduct, capacity or performance— whether the employee had been warned about the conduct, capacity or performance; or whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and any other matters the commission considers relevant. Without limiting subsection (1) , the commission may decide a dismissal was not harsh, unjust or unreasonable if— the dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and the employee’s conduct was, wholly or partly— unlawful; or sexual harassment or sex or gender-based harassment. s 320 amd 2022 No. 27 s 38 (sec.320-ssec.1) In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider— whether the employee was notified of the reason for dismissal; and whether the dismissal related to— the operational requirements of the employer’s undertaking, establishment or service; or the employee’s conduct, capacity or performance; and if the dismissal relates to the employee’s conduct, capacity or performance— whether the employee had been warned about the conduct, capacity or performance; or whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and any other matters the commission considers relevant. (sec.320-ssec.2) Without limiting subsection (1) , the commission may decide a dismissal was not harsh, unjust or unreasonable if— the dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and the employee’s conduct was, wholly or partly— unlawful; or sexual harassment or sex or gender-based harassment. - (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 - (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 - (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. - (i) the operational requirements of the employer’s undertaking, establishment or service; or - (ii) the employee’s conduct, capacity or performance; and - (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 - (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. - (i) unlawful; or - (ii) sexual harassment or sex or gender-based harassment. - (i) unlawful; or - (ii) sexual harassment or sex or gender-based harassment.