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Employee Relations - Term Paper Example

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This paper describes The Fair Work Act of 2009 which grants more protection to workers in Australia. The author explains how the law is promoting a balanced and transparent framework of workplace relation although the unfair dismissal clause forces some companies to change their established rules…
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Employee Relations
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Download file to see previous pages As a general rule, under the Fair Work Act of 2009, unfair dismissal happens when an employee has been dismissed from his or her job but the dismissal was “harsh, unjust or unreasonable,” “not consistent with the Small Business Fair Dismissal Code” and “was not a case of genuine redundancy” (S.385). All these instances shall be determined by Fair Work Australia (FWA). The determination, however, shall depend on the facts and circumstances surrounding each case. The FWA is given the authority to evaluate to its satisfaction the respective allegations of the employer and employee with regard to the root cause of the dismissal. In such case, if the FWA is satisfied that the case is one of unfair dismissal, it will give due accord to the employee’s claim and if not, it will dismiss the claim in favor of the employer.                                                                  
FWA will dismiss an application due to either of the following grounds: (1) “application is not made in accordance with the Act” (2) it “is frivolous or vexatious” (3) it “has no reasonable prospects of success” (S.587 (1)). In Ms. Toni Potter vs. Darwin City Council, [2010] FWA 6129, FWA dismissed Potter’s application for unfair dismissal remedy. The FWA commissioner deemed the application as inappropriate since the substantive issues of the case had already been settled (“Potter vs. Darwin City Council,” 2010, para. 62).
To provide a clear case of dismissal, the law enumerates the instances when an individual is considered to have been dismissed or not from his or her employment. In such delineation, the employer’s fault is emphasized as well as the importance of complying with the terms and conditions contained in a contract of employment. As stated, if “the person’s employment has been terminated on the employer’s initiative or the person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct engaged in by his or her employer,” that individual is said to have been dismissed (S.386 (1)). ...Download file to see next pagesRead More
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