LAW 330: Evaluating Unfair Dismissal under the Fair Work Act 2009
VerifiedAdded on 2023/06/11
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Essay
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This essay provides a critical evaluation of Part 3-2 of the Fair Work Act 2009, focusing on its framework for dealing with unfair dismissals and balancing the needs of employers and employees. It discusses Section 385, which defines unfair dismissal, and Section 387, which outlines the criteria for determining if a dismissal is harsh, unjust, or unreasonable. The analysis covers the strengths of the law, such as providing legal protection against unjust termination and remedies like reinstatement and monetary compensation. It also addresses weaknesses, including the exclusion of operational reasons as valid grounds for unfair dismissal claims and limitations on damages. The essay concludes that the unfair dismissal procedure serves as a safety net, protecting employees from unreasonable and unfair dismissals while acknowledging existing limitations.
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