Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration

PhD Thesis

Southey, Kim Sherrie. 2013. Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration. PhD Thesis Doctor of Philosophy. University of Southern Queensland.
Title

Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration

TypePhD Thesis
Authors
AuthorSouthey, Kim Sherrie
SupervisorErwee, Ronel
Rose, Dennis
Institution of OriginUniversity of Southern Queensland
Qualification NameDoctor of Philosophy
Number of Pages483
Year2013
Abstract

The research investigated managerial prerogative to dismiss an allegedly misbehaving employee, against the employee’s right to just treatment and to remain within the employment relationship. Using a quantitative research method, 565 misbehaviour-related, unfair dismissal arbitration decisions made by Australia’s federal industrial tribunal were examined. Aggressive acts against individuals influence the arbitrators to sustain the employer’s punishment more so than property related misdeeds; the arbitral decision-making process is a stepped process demarcated by the arbitrator’s initial assessment of the employer’s respect for distributive justice when choosing dismissal as a disciplinary action and misjudgements in distributive justice see arbitrators reversing the dismissal.

Keywordsunfair dismissal, arbitration, Australia, industrial relations, employee misconduct, misbehaviour
ANZSRC Field of Research 2020350504. Industrial and employee relations
350710. Organisational behaviour
350503. Human resources management
Byline AffiliationsSchool of Management and Enterprise
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