Contributory misconduct reductions in unfair dismissal remedies
Article
Article Title | Contributory misconduct reductions in unfair dismissal remedies |
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ERA Journal ID | 19740 |
Article Category | Article |
Authors | |
Author | Southey, Kim |
Journal Title | Australian Bulletin of Labour |
Journal Citation | 40 (1), pp. 24-45 |
Number of Pages | 22 |
Year | 2014 |
Place of Publication | Adelaide, Australia |
ISSN | 0311-6336 |
Web Address (URL) | http://www.flinders.edu.au/sabs/nils/publications/australian-bulletin-of-labour/ |
Abstract | When an attempt to conciliate an unfair-dismissal claim fails, arbitration may be called upon to determine whether the dismissal was fair or unfair.In the event that the dismissal is deemed unfair, Australia’s federal industrial tribunal can reduce the amount of compensation ordered for the worker if their conduct contributed to the dismissal. This article offers original insights about the application of contributory-misconduct provisions to unfair-dismissal remedies by Australia’s federal industrial tribunal. A content analysis was performed on arbitration decisions concerning misconduct-related dismissals made between July 2000 and June 2010 that awarded a remedy to the worker. |
Keywords | unfair dismissal, employee misconduct, industrial tribunal, arbitration, remedy |
ANZSRC Field of Research 2020 | 350504. Industrial and employee relations |
350710. Organisational behaviour | |
350503. Human resources management | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Management and Enterprise |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2v6v/contributory-misconduct-reductions-in-unfair-dismissal-remedies
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