Irac on Unfair Dismissal Legal Assignment 2022

Running head: LEGAL ASSIGNMENT
IRAC ON UNFAIR DISMISSAL
Name of the Student
Name of the University
Authors Note

LEGAL ASSIGNMENT1
1.
The wage-work bargain is the principle which is developed for workers so that they can
enter into a negotiated relationship with the company. The workers and the corporation negotiate
with each other for the salaries and contributions made by workers in the corporation according
to these theories. The relationship is focused on the wages provided to the workers working for
the company by the employer (Greenwood, 2016).
There are some situations under which, where the employees do not get any remuneration
for performing their work. This types of payment are called Performance-related pay or pay for
performance. It is a pay structure depends on how well the employees perform, depending on the
person’s positions or team on their pay band. This standard-based method is used by many
employers to assess workers and to determine salaries. For instance, salespeople or employees of
the production line may be compensated in this manner or by commission because based on their
performance the sales or production got increased.
The Federal Court agency hires staff in different places around Australia for a variety of
tasks, such as:
 Legal assistance and court services such as customer relations officers, court managers,
consultants and executive assistants;
 Legal staff, including registrars, trial registrars and administrators of legal cases;
 Dispute services for children, including family counsellors; and
 The role of Native Titles Tribunal which includes legal assistance, alternative dispute
resolution, geospatial facilities, support for future activities (Wales, 2015).

LEGAL ASSIGNMENT2
2.
The termination of an employee’s employment by an employer is called a dismissal.
Before firing an employee, the employers must ensure that they have a justification which is just
and reasonable. The five grounds for the dismissal, which may be appropriate are skill or
qualifications, behaviour, unemployment; where continued work would violate the law, and
other significant cause.
There are several occasions where an employee is fired from his job unethically and
unlawfully. The six grounds for the unfair dismissal are discrimination, activities of
whistleblowing, retaliation, breach of public policy, family or medical leave, and violation of
good faith and fair dealing. In Re Ranger Uranium Mines Pty Ltd; Ex parte Federated
Miscellaneous Workers’ Union of Australia [1987] HCA 63 case the court ruled
that termination on the ground of discrimination is considered to be unfair dismissal.
Fair Work Ombudsman is responsible for fostering harmonious, efficient and
collaborative relationships in the workplace. It assists employers and workers in recognizing
their rights and duties under Australian labour laws. Fair Work Ombudsman cannot implement
the Fair Work Act of 2009 because it is created by the provisions of the said Act (Farbenblum &
Berg, 2017).
3.
A contractual arrangement between employers, workers and bargaining members is
agreed to establish equal working salaries and working conditions. The process of making
enterprise bargaining is:
 Communicate with the workers before appropriately starting the bargaining process;