The Current Employment Relations Issue of Unfair Dismissal and Pregnancy
The Current Employment Relations Issue of Unfair Dismissal and Pregnancy
A recent employment relations concern deals with unfair dismissal. When an employee is dismissed for certain statutory reasons, is inequitable and is incompatible to the merits of the situation; this phenomenon is known as unfair dismissal. This has been a long debated issue concerning all participants in the employment relationship. Investigation of the current employment relations issue of unfair dismissal found that emphasis is placed on a case that was recently heard by the Industrial Relations Commission on sexual discrimination because the employee was pregnant. This essay will discuss the nature and significance of the issue. It will also describe the roles of the actors in the employment relationship and the tactics that were employed in order to achieve an outcome.
The once rigid unfair dismissal legislations have of recently undergone re-appraisal by the Australian Government. As such modifications were made in order to free up employer prerogatives with respect to the dismissal of unproductive employees. The following section is a literature review of the topic of unfair dismissal. The Herald Express (2005) argued the scale of protection that the workers have when they take part in a strike. As a result, two legislative laws surface; firstly, an employee is protected against dismissal for twelve weeks or longer if the employer doesn 't try to resolve the disagreement. If the employee gets fired within this period it automatically becomes unfair dismissal even if the employees haven 't been employed for a full year. However, if the employee breaks the contract and refuses to work and goes into strike without a vote being held, they can be dismissed straight away. In this instance it is not classified as unfair dismissal. Lamount (2005) discusses section 98 of the Employment Rights Act 1996 and mentions the potential reasons for unfair dismissal according. These reasons include;
A recent employment relations concern deals with unfair dismissal. When an employee is dismissed for certain statutory reasons, is inequitable and is incompatible to the merits of the situation; this phenomenon is known as unfair dismissal. This has been a long debated issue concerning all participants in the employment relationship. Investigation of the current employment relations issue of unfair dismissal found that emphasis is placed on a case that was recently heard by the Industrial Relations Commission on sexual discrimination because the employee was pregnant. This essay will discuss the nature and significance of the issue. It will also describe the roles of the actors in the employment relationship and the tactics that were employed in order to achieve an outcome.
The once rigid unfair dismissal legislations have of recently undergone re-appraisal by the Australian Government. As such modifications were made in order to free up employer prerogatives with respect to the dismissal of unproductive employees. The following section is a literature review of the topic of unfair dismissal. The Herald Express (2005) argued the scale of protection that the workers have when they take part in a strike. As a result, two legislative laws surface; firstly, an employee is protected against dismissal for twelve weeks or longer if the employer doesn 't try to resolve the disagreement. If the employee gets fired within this period it automatically becomes unfair dismissal even if the employees haven 't been employed for a full year. However, if the employee breaks the contract and refuses to work and goes into strike without a vote being held, they can be dismissed straight away. In this instance it is not classified as unfair dismissal. Lamount (2005) discusses section 98 of the Employment Rights Act 1996 and mentions the potential reasons for unfair dismissal according. These reasons include;
References: Accounting age (2005).Tough guys are a liability. Accounting age. Australian Bureau of Statistics. (2005). Labour Force Australia, Australia, August Figures (No. 6202.0). Canberra, ACT: Author. Colvin, A. (2003). The Dual Transformation of Workplace Dispute Resolution, Industrial Relations, 42, 4, 712-735. Cunningham, I., James, P. & Dibben, P., (2004), Bridging the Gap between Rhetoric and Reality: Line Managers and the Protection of Job Security for Ill Workers In the Modern Workplace, British Journal of Management, 15, 273-290. D 'Art, D. & Turner, T. (2003). Independent Collective Representation: Providing Effectiveness, Fairness and Democracy in the Employment Relationship, Employee Responsibilities and Rights Journal, 4, 15, 169-181 Goldman, L Harcourt, M., Lam, H. & Harcourt, S. (2005). Unions and Discriminatory Hiring: Evidence from New Zealand, Industrial Relations, 44, 2, 364-372. Herald Express (2005).Dismissal during an industrial dispute. Herald Express. Human Rights. (2004). Women, Work and Equity. Retrieved 19 September 2005, from http://www.hreoc.gov.au/sex_discrimination/20thanniversary/women_ work_equity/speeches/goward.html Knight, K.G Lamount, M. (2005). Staying on the right side of the law. Occupational health, Jan, 19-21 Liquor, Hospitality & Miscellaneous Union (2005) McMullen, J. (1999).Ignorance is no defense. Journal of administrative Management, may/june, 18-21. Nankervis, A., Compton, R. & Baird, M. (2002). Strategic Human Resource Management. Thomson Education, Australia. Orton, P. ( 2005). Time for fair go on unfair dismissal law. Australian Financial Review. Oslington, P Switzer, P. (2005). Unions muscle for a piece of the unfair action. The Australian. Williams, A. (1993).The pregnant employee 's right- A guide to your legal rights. A woman in management review, 8, 1, 27- 30.