Unfair Dismissal Law and Employees

Running head: HRM LAW
UNFAIR DISMISAL LAW AND EMPLOYEES
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HRM LAW
Table of Contents
Introduction:...............................................................................................................................2
Discussion:.................................................................................................................................2
Enactment of Provision of unfair dismissal:..........................................................................2
Protection to the employees:..................................................................................................3
Justification:...........................................................................................................................4
Conclusion:................................................................................................................................7
Reference:..................................................................................................................................8

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HRM LAW
Introduction:
In Australia, there are certain legislations that protect the interest of the employees so
that their respect could not be affected. Provision of unfair dismissal protects the employees
from being terminated on unreasonable factors. It is the part of the Fair Works Act 2009 and
section 772 of the Act deals with the unfair termination of the employees. The whole
legislation is based on the principle of equity, fairness and justice. At the commonwealth
level, this protection has been applied in 1984 (Davidov, Guy and Edo Eshet 2015).
However, after the allegation of unfair dismissal from the post of an employee, certain
elements of the matter will be decided. It has been stated under section 385 of Fair Work Act
2009, it is to be decided whether the person has been terminated and the nature of the
termination was unreasonable or not. Further, it is to be considered whether the whole policy
of termination was accompanied to Small Business Fair Dismissal Code and the case is not of
genuine redundancy. If the Fair Work commission has find out that all these elements have
matched that make the nature of the termination unjust, an order of reinstatement or
compensation will be commenced by the commission. Considering the definition of unfair
dismissal, it has been stated by Callus and Sutcliffe, no employee will be dismissed from
their post for unfair cause and the process should appreciate the provisions of the
employment contract.
Discussion:
Enactment of Provision of unfair dismissal:
It has been alleged to certain extent that Australian Law overly protects the
employees. The provisions of the Fair Works Act 2009 do not applied to an employee who is
working for less than six months (Ling, Sook and Dhillon 2018). Further, in case of a small