Employment Law: Dismissal Claim and Termination Justification

Running head: EMPLOYMENT LAW
Employment Law
Name of the Student
Name of the University
Author Note

1EMPLOYMENT LAW
Table of Contents
Issue 1.........................................................................................................................................2
Law.............................................................................................................................................2
Application.................................................................................................................................4
Conclusion..................................................................................................................................4
Issue 2.........................................................................................................................................5
Law.............................................................................................................................................5
Application.................................................................................................................................6
Conclusion..................................................................................................................................7
References..................................................................................................................................8

2EMPLOYMENT LAW
Issue 1
Would Isabel be successful in bringing a claim of dismissal against her employer?
Law
Workplace discrimination means giving favour to a person or creating challenges for
a person for certain reasons. Therefore, to avoid workplace discrimination, anti
discriminatory laws has been adopted in order to protect the common people in their
employment who are often put under the radar of workplace discrimination
(Parliament.vic.gov.au, 2019). The elements of workplace discrimination that needs to be
established in order to win a claim against it are:
1) The person who has been discriminated must have been asked to abide by certain
requirement which he has failed;
2) It needs to be established that there is a mass or group of people who have
successfully abided by such requirement.
3) It should be established that such requirement is not reasonable as per the
circumstances of the person.
In the landmark case of Australian Iron and Steel Pty Ltd v Banovic (1989) 168 CLR
165, it could be seen that and unreasonable policy of retrenchment affected the women
workers of a workplace where the company had recently started to employee women after a
history of only employing men (Parliament.vic.gov.au, 2019).
The Fair Work Commission lays down that the employer shall have the right of
dismissing an employee in case search employee is found to have and outside conduct which
is obscene or offensive and thereby demeaning for the workplace as held in the case of Rose
v Telstra Corporation Limited [1998] AIRC 1592. The court had held in this case that the