Forward with unfair dismissal claims

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. ISSN 1030-1763

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Awaiting copyright advice.
Depositing User: Mrs Kim Southey
Faculty / Department / School: Historic - Faculty of Business - School of Management and Marketing
Date Deposited: 28 May 2009 03:19
Last Modified: 02 Jul 2013 23:16
Uncontrolled Keywords: unfair dismissal, forward with fairness, workchoices, employment relations, industrial relations, AIRC, arbitration
Fields of Research (FOR2008): 15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150306 Industrial Relations
15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150314 Small Business Management
15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150305 Human Resources Management
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/5107

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