Michael Rainbow v Queensland Rail T/A Queensland Rail

Michael Rainbow sought a remedy for unfair dismissal against Queensland Rail, which he had worked for since 1989. The Fair Work Commission (FWC) was required to determine whether the dismissal was unfair. The FWC found that while the dismissal was not harsh, unjust, or unreasonable, the dismissal was nonetheless unfair. The FWC found that the dismissal was harsh, unjust, and unreasonable because it was disproportionate to the conduct of the Applicant. The FWC found that the dismissal was not harsh, unjust, or unreasonable because the Applicant had committed a serious safety breach and used inappropriate language. The FWC ordered that the Applicant be reinstated to his former position, that his employment be recognised as continuous, and that the employer pay him for lost remuneration.