See Fair Work Act 2009 s.387(a)
'[T]he reason for termination must be defensible or justifiable on an objective analysis of the relevant facts.' It will not be enough for an employer to say that they acted in the belief that the termination was for a valid reason.
The valid reason for termination is not to be judged by a legal entitlement to terminate an employee, 'but [by] the existence of a reason for the exercise of that right' related to the facts of the matter.
The Fair Work Commission does not 'stand in the shoes' of the employer but will need to be satisfied that the termination of the employee was for a valid reason.
 Selvachandran v Peteron Plastics Pty Ltd  IRCA 333 (7 July 1995), [(1995) 62 IR 371 at p. 373].
 Miller v University of New South Wales  FCAFC 180 (14 August 2003) at para.13, [(2003) 132 FCR 147].
 ibid., at para. 64. See also Walton v Mermaid Dry Cleaners Pty Limited  IRCA 267 (12 June 1996), [(1996) 142 ALR 681 at p. 685].