Isobel's Claim of Unfair Dismissal and Termination by Barry

Running head: WORKPLACE LAW
WORKPLACE LAW
Name of the Student
Name of the University
Author Note

WORKPLACE LAW1
Question No. 1
Issue
Whether Isobel can successfully bring a claim of unfair dismissal and what type of claim
she is likely to bring.
Rule
The termination of employment without providing any reason considered being good or
any termination of employment contradicting the country’s legislation is treated as unfair
dismissal in the Employment Law (Van der Waarden & Wallace-Bruce, 2018).
The Fair Work Commission lays down the conditions, in fulfillment of which a dismissal
would be termed as an unfair dismissal. The condition that considers a dismissal unfair are-
 The dismissal is of harsh, unreasonable and unjust nature.
 The dismissal was not related to genuine redundancy.
 In case of a person being a small business employee, his or her dismissal must not be
consistent with the small Business Fair Dismissal Code (www.fwc.gov.au, 2019).
In Re Ranger Uranium Mines Pty Ltd; Ex parte FMWUA [1987] HCA 63 it was held
by the court that the existing employees have the authority of creating an industrial
dispute to reinstate any unfairly dismissed former employee.
In the Form F2 of the Australian Fair Work Commission the terms and conditions of a
person lodging unfair dismissal or termination application have been laid down
(www.fwc.gov.au, 2019). Under such provision of the Fair Work Commission the conditions of
lodging an unfair dismissal application are-

WORKPLACE LAW2
 A person needs to be a large business employee at least for 6 months or a small
business employee at least for 12 months.
 A person should be the employee of a national system employer.
 The employer needs to take the initiative for the employee’s termination or a force
must be present behind the resignation of the employee.
The Fair Work Commission also lays the provisions regarding the coverage of the
employees under the unlawful termination law. The Fair Work Commission states that a person
in order to be covered under unlawful termination law must not give their resignation willfully
without any force of their employer for resigning (www.fwc.gov.au, 2019).
Section 773 of the Fair Work Act 2009, states that the filling of FWC application can be
done in relation to dealing with any dispute, if-
a) The employer was responsible for the employee’s termination of employment.
b) It has been alleged that the employee’s employment has been terminated by their
employer or by any industry based association that is entitled in representing such
industrial interest of the employee, contravening Section 772(1) of the Fair Work Act,
2009.
In the case of Hunter v The Commonwealth of Australia [2013] FWC 7917 the Fair
Work Commission has ruled that a dismissal of an employee must not be treated as harsh,
unreasonable and unjust as vexatious allegations of misconduct being made against manager.
Application
In this provided scenario, Isobel worked as an employee of the East Sydney Council for a
contract term of 3 years and was a performer in aerial arts trapeze as her secondary job. After her
request for reduction of the working hour was rejected, she resigned the job and filed an unfair