Gender and firmographic effects in unfair dismissal arbitration

Paper

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.
Paper/Presentation Title

Gender and firmographic effects in unfair dismissal arbitration

Presentation TypePaper
AuthorsSouthey, Kim (Author) and Innes, Peter (Author)
EditorsO'Connor, Christine
Journal or Proceedings Title10th Annual Pacific Employment Relations Association Conference Proceedings
Number of Pages15
Year2010
Place of PublicationBallarat, Australia
ISBN9781876851422
Conference/Event10th Annual Pacific Employment Relations Association Conference (PERA 2010) : Sustainability, Inclusiveness and Governance: People Management Issues in the Organisation of the Future
10th Annual Pacific Employment Relations Association Conference (PERA 2010) : Sustainability, Inclusiveness and Governance: People Management Issues in the Organisation of the Future
Event Details
10th Annual Pacific Employment Relations Association Conference (PERA 2010) : Sustainability, Inclusiveness and Governance: People Management Issues in the Organisation of the Future
Parent
Pacific Employment Relations Association (PERA) Conference
Event Date
15 to end of 18 Nov 2010
Event Location
Gold Coast, Australia
Event Details
10th Annual Pacific Employment Relations Association Conference (PERA 2010) : Sustainability, Inclusiveness and Governance: People Management Issues in the Organisation of the Future
Parent
Pacific Employment Relations Association (PERA) Conference
Event Date
15 to end of 18 Nov 2010
Event Location
Gold Coast, Australia
Abstract

This study involved the analysis of 935 unfair dismissal arbitration decisions of the Australian Industrial Relations Commission from 2000 to 2005. It explores whether gender effects were present in the arbitration decisions, and whether dismissed employees received different arbitration decisions according to firmographic factors of industry sector, size of firm, occupational skill and HR expertise. The study shows major findings supporting the role of HR expertise in lowering the favourability towards grievants. In terms of gender effects a logistic regression analysis suggests two interesting effects, aligned with bivariate analysis, which suggested male arbitrators were associated with favourable decisions toward female workers and female arbitrators were associated with favourable decisions toward low skilled grievants. Such findings support our typology which positions male arbitrators as paternalistic and chivalrous, and female arbitrators as path breaking. These findings have implications for HR/IR professionals, unions, industry bodies and government policy and legislation in terms of how we manage sections of our workforce and protect vulnerable workers.

Keywordsarbitration, unfair dismissal, gender, industry
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
Faculty of Business Administration
Institution of OriginUniversity of Southern Queensland
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