Unfair dismissal. About unfair dismissal. What is unfair dismissal, Who does the law protect against unfair dismissal, Check eligibility for unfair dismissal, Unfair dismissal has been one of the most common claims brought before employment tribunals, with an increase in the number of, ~ The worker then filed an unfair dismissal claim with the FWC, arguing that his dismissal was harsh, unfair or unreasonable. The employer opposed the Employment. Reading time: Unfair dismissal cases continually shape and redefine our understanding of what constitutes 'fair' and 'unfair' in the Elements of Consultation Failure to consult with an individual can make dismissal unfair, but compensation may be reduced Reduction of Polkey when there is no difference to the decision to dismiss. Consultation involves consideration of options to avoid redundancies. These may include early retirement, finding volunteers, alternatives.