Forward with unfair dismissal claims

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.