Forward with unfair dismissal claims

Article

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.
Article Title

Forward with unfair dismissal claims

ERA Journal ID18456
Article CategoryArticle
Authors
AuthorSouthey, Kim
Journal TitleLabour and Industry: a journal of the social and economic relations of work
Journal Citation19 (1-2), pp. 25-48
Number of Pages24
Year2008
Place of PublicationCaulfield East, Australia
ISSN1030-1763
2325-5676
Web Address (URL)http://www.buseco.monash.edu.au/mgt/research/werrc/labour%2Dand%2Dindustry/index.html
Abstract

[Abstract]: A new regime of unfair dismissal legislation under the Forward with Fairness revisions is expected to commence from July 2009. This paper outlines the major principals of the proposal, particularly the revisions to the employment categories restricted from lodging unfair dismissal claims. Secondly, the results of an analysis of unfair dismissal arbitration decisions of the Australian Industrial Relations Commission during 2004 and 2005 are presented, to use the benefit of hindsight, to inform where businesses demonstrated strengths and weaknesses at the unfair dismissal arbitration table. The variables explored in the analysis relate to the arbitration result in association with the size of the employer’s business, the industry sector in which the business belongs, the occupational skill level of the dismissed employee, the presence of a human resource expert during the dismissal, the reason for the dismissal, and the type of remedy when one is ordered.

Keywordsunfair dismissal, forward with fairness, workchoices, employment relations, industrial relations, AIRC, arbitration
ANZSRC Field of Research 2020350504. Industrial and employee relations
350716. Small business organisation and management
350503. Human resources management
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Byline AffiliationsSchool of Management and Marketing
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