Unfair dismissal for Australian workers: the hundred-year journey

Southey, Kim (2015) Unfair dismissal for Australian workers: the hundred-year journey. Asian Academy of Management Journal, 20 (1). pp. 147-164. ISSN 1394-2603


This paper examines the journey Australia traversed in the development of the unfair dismissal protections it provides the majority of its workers, since the nation's Federation in 1901. Historically, the country's Constitutional 'heads of power' were intended to prohibit the federal government from regulating individual aspects of the employment relationship. Over time, such interpretations of the constitutional powers were challenged by governing parties, resulting in the modern-day, 'national' unfair dismissal protections afforded to the majority of workers. The journey Australians traversed during the architecture of their current unfair dismissal legislation provides a lesson on a government's ability to conjure significant influence on individual arrangements between management and workers. Despite Australia's participation in the worldwide, neoliberal push to deregulate labour markets, the protection of workers from unfair dismissal is an explicit matter in the employment relationship attracting increased regulation through industrial legislation. This paper culminates in reporting the consequences facing employers who improperly administer dismissals and how employers can take steps to mitigate such risks.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Management and Enterprise
Date Deposited: 25 May 2016 04:53
Last Modified: 27 Jul 2016 01:37
Uncontrolled Keywords: industrial legislation; labour market; termination of employment; unfair dismissal
Fields of Research : 15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150306 Industrial Relations
15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150305 Human Resources Management
Socio-Economic Objective: B Economic Development > 91 Economic Framework > 9104 Management and Productivity > 910401 Industrial Relations
URI: http://eprints.usq.edu.au/id/eprint/27797

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