Type of Dismissal, Case Law, and Prospects of Successful Claim

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Hp50
Contents
1. You are the Human Resources Advisor for the Council. Advice the Council on the type of dismissal
Isobel will likely be claiming, related case law and Isobel’s prospects of bringing a successful claim?....2
The Legal Issue............................................................................................................... 2
Relevant Law.................................................................................................................. 2
Application of the law to the facts........................................................................................ 3
Conclusion..................................................................................................................... 4
2. Advise the Council on whether Barry is justified in summarily terminating Isobel’s employment. In
your answer explain the requirements for instant dismissal, related case law and what common law
principles may apply in this situation..................................................................................... 4
The Legal Issue............................................................................................................... 4
Relevant Law.................................................................................................................. 4

Application of the law to the facts........................................................................................ 5
Conclusion..................................................................................................................... 6
Reference:..................................................................................................................... 7

1. You are the Human Resources Advisor for the Council. Advice the
Council on the type of dismissal Isobel will likely be claiming, related
case law and Isobel’s prospects of bringing a successful claim?
The Legal Issue
On which type of dismissal Isobel will likely to claim?
Relevant Law
If the employee himself/herself resign from the employment because of unlawful dominate,
unfairly workload or other reason of the breach of employment, in that case, an employee has a
right to claim a remedy from Fair Works Commission for the unfair dismissal. Fair Works
Commission has jurisdiction to the dispute related to the Fair Works Act, 2009. If an employee
was dismissed from the employment without any valid reason involving their capability or
behaviour towards the working requirements of the business, the legislation provides the relief
under the Fair Works act. If an employee wants to get remedy under this act he/she has to prove
that employee’s dismissal from the employment was cruel, unfair, and irrational and there was
no genuine redundancy under section 385 of the Fair Works Act 2009 thereafter the employer
has to validate that there was a valid reason for the dismissal of the employee. At last, the
tribunal will decide the case after hearing the points of both parties that there was any legal
intention for the dismissal or not as per the provision of 387 of the FWA, 2009 (Teicher, 2013).
The Unfair Dismissal includes that employer terminates the employment of the employee with or
without notice or compelled the employee with the conduct that he/she terminate the agreement
of service. If the employee is dismissed or terminated from the employment, the worker has a
right to claim for the remedy of unfair dismissal under Division 4 of the Fair Works Act 2009.
For claiming the remedy of the unfair dismissal employer has to make an application to the Fair