Please enable JavaScript.
Coggle requires JavaScript to display documents.
Employment Law Oral Exam Notes., Fair Work Act 2009 (Cth)., Unfair…
-
-
Unfair Dismissal.
IF PROTECTED
If an employee is protected from unfair dismissal and the employee has been dismissed, the FWC will
then determine whether the dismissal was unfair, that is, whether it was “harsh, unjust or
unreasonable”. In doing so, the FWC must take into account (FWA s 387):
(a) whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including
-
-
-
-
(d) any unreasonable refusal by the employer to allow the person to have a support person present to
-
(e) if the dismissal related to unsatisfactory performance by the person—whether the person had been
-
(f) the degree to which the size of the employer’s enterprise would be likely to impact on the procedures
-
(g) the degree to which the absence of dedicated human resources management specialists or expertise
-
-
-
-
-
-
As of 2018 unfair dismissal claims made up 40% of the matters lodged with the commission, fair work commission annual report 2017 - 2018 p 19
-
Discrimination Law.
-
-
-
category of persons. For example, refusing to interview someone because they are of a
-
gender, is direct discrimination. Similarly, direct discrimination occurs if a person is barred
from a job because they are or are presumed to be LGBTQI+, or because they have or might
-
-