The Achilles' heel of unfair dismissal arbitration in Australian SME's

Paper


Southey, Kim. 2007. "The Achilles' heel of unfair dismissal arbitration in Australian SME's." Hall, Margaret and Berrow, Geoff (ed.) 30th Annual ISBE Conference: International Entrepreneurship. Glasgow, United Kingdom 07 - 09 Nov 2007 Harrogate, United Kingdom.
Paper/Presentation Title

The Achilles' heel of unfair dismissal arbitration in Australian SME's

Presentation TypePaper
Authors
AuthorSouthey, Kim
EditorsHall, Margaret and Berrow, Geoff
Journal or Proceedings TitleProceedings of the 30th Annual ISBE Conference: International Entrepreneurship
Number of Pages16
Year2007
Place of PublicationHarrogate, United Kingdom
ISBN9781900862035
Web Address (URL) of Paperhttp://www.isbe2007.org/
Conference/Event30th Annual ISBE Conference: International Entrepreneurship
Event Details
30th Annual ISBE Conference: International Entrepreneurship
Event Date
07 to end of 09 Nov 2007
Event Location
Glasgow, United Kingdom
Abstract

Objectives: Employee grievances occur in both SMEs and large organisations as a by-product of the people management practices of the company. This paper aims to report on the differences in grievance arbitration outcomes between SMEs and large organisations in relation to unfair dismissal. This knowledge provides entrepreneurs with information about SME performance at the arbitration table.

Prior Work: Researchers are investing energy into determining whether stereotypical thinking of HR for large organisations is also applicable in SMEs. This paper is built on the premise that employee dismissal (and subsequent arbitration of them) is within the domain of human resource management. Thus an examination of the differences between unfair dismissal outcomes in SMEs and larger organisations will provide further knowledge about people management practices in SMEs.

Approach: Quantitative data were collected from 384 unfair dismissal decisions made by commissioners of the Australian Industrial Relations Commission during 2004 and 2005. Descriptive statistics are presented for business sizes ranging from micro to large, with Pearson chi-square analysis performed on SMEs employing up to 100 staff.

Results: It appears that arbitration outcomes are not significantly different for SMEs employing up to 50 staff, from those of larger organisations. However, SMEs employing up to 100 staff are not performing as well at the arbitration table in comparison to larger businesses. Furthermore, the presence of a human resource expert is not significantly associated with the arbitration decision, in neither SMEs nor large firms.

Implications: SMEs up to 100 employees tend to operate without HR specialist and the informal HR practices of SMEs seem to be holding up under the scrutiny of the arbitrators in firms of less than 50 staff. However there appears to be a vulnerable business size, 50 to 100 staff, with a significantly lower number of cases determined in favour of the SME employer. It is conceived that an ‘Achilles’ heal’ for SMEs exists for businesses of this size, whereby such businesses may not have the benefit of the arbitrators’ tolerance for the informal processing of dismissals that they appear to exhibit for smaller business.

Value:
This paper contributes empirical results to the debate surrounding the need for different (or similar) models of people management for SMEs and large organisations. It also identifies an area of risk in SME people management practices. Discussing variances in HR activity between SMEs and big business helps to identify the people management practices that work best in stimulating smarter, successful small business.

KeywordsSMEs, employee grievance; arbitration, unfair dismissal, Australia, HRM
ANZSRC Field of Research 2020350503. Human resources management
350504. Industrial and employee relations
350716. Small business organisation and management
Public Notes

No evidence of copyright restrictions.

Byline AffiliationsSchool of Management and Marketing
Permalink -

https://research.usq.edu.au/item/9y7x9/the-achilles-heel-of-unfair-dismissal-arbitration-in-australian-sme-s

Download files


Published Version
  • 2363
    total views
  • 1403
    total downloads
  • 2
    views this month
  • 4
    downloads this month

Export as

Related outputs

Employee engagement in shared services in a regional university context
Davis, Kym and Southey, Kim. 2024. "Employee engagement in shared services in a regional university context." Journal of Higher Education Policy and Management. 46 (3), pp. 291-306. https://doi.org/10.1080/1360080X.2024.2344238
The potential influence of prior work experience on unfair dismissal arbitration decisions related to employee misconduct: an exploratory study of decision styles
Southey, Kim, Lynch, Bernadette, Rose, Dennis and Hafeez-Baig, Abdul. 2023. "The potential influence of prior work experience on unfair dismissal arbitration decisions related to employee misconduct: an exploratory study of decision styles ." Asia Pacific Journal of Human Resources. 61 (3), pp. 582-612. https://doi.org/10.1111/1744-7941.12366
The ethics review and the humanities and social sciences: disciplinary distinctions in ethics review processes
Carniel, Jessica, Hickey, Andrew, Southey, Kim, Bromdal, Annette, Crowley-Cyr, Lynda, Eacersall, Douglas, Farmer, Will, Gehrmann, Richard, Machin, Tanya and Pillay, Yosheen. 2022. "The ethics review and the humanities and social sciences: disciplinary distinctions in ethics review processes." Research Ethics. 19 (2), pp. 139-156. https://doi.org/10.1177/17470161221147202
Many of us welcome working from home, but universities show its dangers for women's careers
Peetz, David, Southey, Kim, Baird, Marian, Samani, Mojan Naisani, Cooper, Rae, Charlesworth, Sara, Campbell, Shelagh and Ressia, Susan. 2022. "Many of us welcome working from home, but universities show its dangers for women's careers." The Conversation.
Sustained knowledge work and thinking time amongst academics: gender and working from home during the COVID-19 pandemic
Peetz, David, Baird, Marian, Banerjee, Rupa, Bartkiw, Tim, Campbell, Shelagh, Charlesworth, Sara, Coles, Amanda, Cooper, Rae, Foster, Jason, Galea, Natalie, de la Harpe, Barbara, Leighton, Catherine, Lynch, Bernadette, Pike, Kelly, Pyman, Amanda, Ramia, Ioana, Ressia, Susan, Samani, Mojan Naisani, Southey, Kim, ..., Weststar, Johanna. 2022. "Sustained knowledge work and thinking time amongst academics: gender and working from home during the COVID-19 pandemic." Labour and Industry: a journal of the social and economic relations of work. 32 (1), pp. 72-92. https://doi.org/10.1080/10301763.2022.2034092
Beyond criticism of ethics review boards: strategies for engaging research communities and enhancing ethical review processes
Hickey, Andrew, Davis, Samantha, Farmer, Will, Dawidowicz, Julianna, Moloney, Clint, Lamont-Mills, Andrea, Carniel, Jess, Pillay, Yosheen, Akenson, David, Bromdal, Annette, Gehrmann, Richard, Mills, Dean, Kolbe-Alexander, Tracy, Machin, Tanya, Reich, Suzanne, Southey, Kim, Crowley-Cyr, Lynda, Watanabe, Taiji, Davenport, Josh, ..., Maxwell, Jacinta. 2021. "Beyond criticism of ethics review boards: strategies for engaging research communities and enhancing ethical review processes." Journal of Academic Ethics. 20, pp. 549-567. https://doi.org/10.1007/s10805-021-09430-4
Minimising the gender status effects on performance for women in leadership
Murray, Peter A. and Southey, Kim. 2017. "Minimising the gender status effects on performance for women in leadership." Academy of Management Annual Meeting 2017. Atlanta, United States 04 - 08 Aug 2017 Briarcliff Manor, NY. https://doi.org/10.5465/ambpp.2017.14500abstract
Competent women, subliminal group hierarchies and executive leadership
Southey, Kim, Waldron, Ainslie and Murray, Peter A.. 2019. "Competent women, subliminal group hierarchies and executive leadership." 33rd Association of Industrial Relations Academics of Australia and New Zealand Annual Conference (AIRAANZ 2019): Global Work, Quality Work?. Melbourne, Australia 12 - 14 Feb 2019 Melbourne, Australia.
Can institutionalized workplace structures benefit senior women leaders?
Murray, Peter A. and Southey, Kim. 2020. "Can institutionalized workplace structures benefit senior women leaders?" Asia Pacific Journal of Management. 37 (4), pp. 1193-1216. https://doi.org/10.1007/s10490-019-09654-4
How women executives survive the isolated echelons of the corporate ladder
Waldron, Ainslie, Southey, Kim and Murray, Peter A.. 2018. "How women executives survive the isolated echelons of the corporate ladder." Werth, Shalene and Brownlow, Charlotte (ed.) Work and identity: contemporary perspectives on workplace diversity. Cham, Switzerland. Palgrave Macmillan. pp. 85-99
Reprimandable offences: defining employee misbehaviour for investigations of employer disciplinary practices
Southey, Kim. 2012. "Reprimandable offences: defining employee misbehaviour for investigations of employer disciplinary practices." 2012 Regional Development: Connectedness, Business and Learning: Creating Sustainable Communities Workshop. Brisbane, Australia 20 Jun 2012 Toowoomba, Australia.
To fight, sabotage or steal: are all forms of employee misbehaviour created equal?
Southey, Kim. 2016. "To fight, sabotage or steal: are all forms of employee misbehaviour created equal?" International Journal of Manpower. 37 (6), pp. 1067-1084. https://doi.org/10.1108/IJM-12-2015-0219
Tolerating employee misbehaviour: where does our federal industrial tribunal stand?
Southey, Kim. 2015. "Tolerating employee misbehaviour: where does our federal industrial tribunal stand?" 2015 Sustainable HRM and Employee Well-being: An International Research Symposium. Sydney, Australia 04 - 05 Nov 2015 Australia.
Unfair dismissal for Australian workers: the hundred-year journey
Southey, Kim. 2015. "Unfair dismissal for Australian workers: the hundred-year journey." Asian Academy of Management Journal. 20 (1), pp. 147-164.
Contributory misconduct reductions in unfair dismissal remedies
Southey, Kim. 2014. "Contributory misconduct reductions in unfair dismissal remedies." Australian Bulletin of Labour. 40 (1), pp. 24-45.
Neutrality in the Tribunal: an insular debate or a valid concern?
Southey, Kim and Fry, Simon. 2012. "Neutrality in the Tribunal: an insular debate or a valid concern?" Abbott, Keith, Hearn-MacKinnon, Bruce, Morris, Leanne and Saville, Kerrie (ed.) Fair work act: revision or restitution. Heidelberg, Victoria, Australia. Heidelberg Press. pp. 103-125
A framework for investigating participant perceptions of unfair dismissal conciliation conferences
Southey, Kim. 2012. "A framework for investigating participant perceptions of unfair dismissal conciliation conferences." 26th Conference of the Association of Industrial Relations Academics of Australia and New Zealand: Reorganizing Work. Gold Coast, Australia 08 - 10 Feb 2012 Gold Coast, Australia.
Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration
Southey, Kim Sherrie. 2013. Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration. PhD Thesis Doctor of Philosophy. University of Southern Queensland.
An occupational and gendered review of reinstatement and compensation for unfairly dismissed workers
Southey, Kim. 2012. "An occupational and gendered review of reinstatement and compensation for unfairly dismissed workers." International Journal of Organisational Behaviour. 17 (2), pp. 35-48.
Finding employees on the internet: a new frontier for small business
Southey, Kim and Lynch, Bernadette. 2011. "Finding employees on the internet: a new frontier for small business." Building Business Communities: Justice, Performance and Change Creating a Sustainable Scholarly Community Colloquia (2011). Brisbane, Australia 09 Nov 2011 Toowoomba, Australia.
Compensation equity in unfair dismissal
Southey, Kim. 2011. "Compensation equity in unfair dismissal." Building Business Communities: Justice, Performance and Change Creating a Sustainable Scholarly Community Colloquia (2011). Brisbane, Australia 09 Nov 2011 Toowoomba, Australia.
Gender and firmographic effects in unfair dismissal arbitration
Southey, Kim and Innes, Peter. 2010. "Gender and firmographic effects in unfair dismissal arbitration." O'Connor, Christine (ed.) 10th Annual Pacific Employment Relations Association Conference (PERA 2010) : Sustainability, Inclusiveness and Governance: People Management Issues in the Organisation of the Future. Gold Coast, Australia 15 - 18 Nov 2010 Ballarat, Australia.
Employee grievance research through an organisational behaviour framework
Southey, Kim. 2010. "Employee grievance research through an organisational behaviour framework." Australasian Journal of Business and Social Inquiry. 8 (1), pp. 39-53.
A typology of employee explanations of misbehaviour: an analysis of unfair dismissal cases
Southey, Kim. 2010. "A typology of employee explanations of misbehaviour: an analysis of unfair dismissal cases." Journal of Industrial Relations. 52 (1), pp. 81-102. https://doi.org/10.1177/0022185609353991
Stacking the Commission: has it occurred and does it matter in unfair dismissal arbitration?
Southey, Kim and Fry, Simon. 2010. "Stacking the Commission: has it occurred and does it matter in unfair dismissal arbitration?" Barnes, Alison, Balnave, Nikola and Lafferty, George (ed.) 24th Conference of the Association of Industrial Relations Academics of Australia and New Zealand: Work in Progress: Crises, Choices and Continuity (AIRAANZ 2010). Sydney, Australia 03 - 05 Feb 2010 Sydney, Australia.
Catching them is one thing, keeping them is something else: reflections on teaching first year university students
Werth, Shalene, Southey, Kim and Lynch, Bernadette. 2009. "Catching them is one thing, keeping them is something else: reflections on teaching first year university students." Studies in Learning Evaluation Innovation and Development. 6 (1), pp. 30-37.
Forward with unfair dismissal claims
Southey, Kim. 2008. "Forward with unfair dismissal claims." Labour and Industry: a journal of the social and economic relations of work. 19 (1-2), pp. 25-48.
A conceptual model of employee self reported rationale for engaging in deviant acts
Southey, Kim. 2009. "A conceptual model of employee self reported rationale for engaging in deviant acts." Lewer, John, Ryan, Shaun and MacNeil, Johanna (ed.) AIRAANZ 2009: Labour, Capital and Change. Newcastle, Australia 04 - 06 Feb 2009 Newcastle, Australia.
An analysis of unfair dismissal grievance arbitration in Australia
Southey, Kim. 2008. An analysis of unfair dismissal grievance arbitration in Australia. Masters Thesis Master of Business (Research). University of Southern Queensland.
Unfair dismissal: a returning concern for SMEs
Southey, Kim. 2008. "Unfair dismissal: a returning concern for SMEs." Australian Industrial Law News. 3, pp. 11-12.
Work choices and the negotiation challenge confronting employees
Southey, Kim. 2007. "Work choices and the negotiation challenge confronting employees." Abbott, K., Hearn MacKinnon, B., Morris, L., Saville, K. and Waddell, D. (ed.) Work choices: evolution or revolution. Victoria, Australia. Heidelberg Press.
A feminine approach to teaching a large, first year university course: and everyone lived happily ever after!
Southey, Kim, Lynch, Bernadette, Werth, Shalene and Hammer, Sara. 2007. "A feminine approach to teaching a large, first year university course: and everyone lived happily ever after!" Albion, Majella J. and Collins, Pauline (ed.) 2007 International Women's Conference: Education, Employment and Everything... theTriple Layers of a Woman's Life. Toowoomba, Australia 26 - 29 Sep 2007 Toowoomba, Australia.