Protection from Unfair Dismissal under the Fair Work Act 2009

"The Fair Work Act 2009 provides all employees with a clear and accessible right to
protection from unfair dismissal. The protection it provides give the right balance to the
rights of employees and the rights of employers". Critically discuss.
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Introduction
The Fair work Act is an integral legislation that regulates employment and workplace
operations, approaches and relations. The Act establishes terms and conditions as well as
rights and responsibilities of all employers, employees and other people associated with the
workplace. A safety net has been set up by the Act which supervises the incentives, the
minimum wage limits, compliance with laws and regulations as well as an institutional
framework for the administrative purposes. (James, and Ombudsman 2015)
The Act was introduced in 2008 and most of its provisions came into force in 2009, replacing
the Workplace Relations Act of 1996. The Act covers employment issues in Victoria, ACT
and the Northern Territory, private sector employment in New South Wales, Queensland and
South Australia, and the private sector employment of Tasmania region.
The main objectives of the Act are to provide effective workplace regulations, to ensure a
wide network of fair workplace terms, to establish a safety net, to help employees maintain
balance in work and personal lives, to maintain fairness at workplaces, to obtain constructive
efficiency and to help organisations manage human resources.
Key features of the unfair dismissal provisions under the Act
Unfair dismissal is the unforeseen dismissal of an employee without any valid reason or
solution. Such dismissals are unfair and the Fair Work Commission, under the Fair Work
Act, decides on unfair dismissal cases. (Power, 2017)
The Unfair Dismissal provisions state can be enforced in two circumstances- firstly when the
employment has been terminated at the insistence of the employer on unfair grounds, and
secondly when the resignation of the employees has been forced by the employer. The
features of the Unfair Dismissal Provisions also stipulate the circumstances where it can be
said that the dismissal was unfair- First, when the employee is just dismissed. Second, when
the dismissal is damaging, unjustified and unreasonable. Third, when the dismissal grounds
are not genuine or found to be false. Fourth, when the dismissal terms do not align with
regulations or policies.
The Employment laws of Australia have established the following terms- Firstly, the
termination of the employee should not be given without any fixed period of notice.
Secondly, summary dismissals can be effective if only the employee is guilty of any gross
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