Podcast
Questions and Answers
The Fair Work Commission operates under the Fair Work Act 2009 (Cth).
The Fair Work Commission operates under the Fair Work Act 2009 (Cth).
True (A)
Employees can be dismissed without a valid reason if the employer feels it is necessary.
Employees can be dismissed without a valid reason if the employer feels it is necessary.
False (B)
An employer is required to give a verbal or written warning before dismissing an employee.
An employer is required to give a verbal or written warning before dismissing an employee.
True (A)
During dismissal discussions, an employee may have a lawyer present to assist them.
During dismissal discussions, an employee may have a lawyer present to assist them.
Employers are required to show evidence of compliance with the Small Business Fair Dismissal Code.
Employers are required to show evidence of compliance with the Small Business Fair Dismissal Code.
Flashcards
Fair Work Commission
Fair Work Commission
Australia's national workplace relations tribunal that helps resolve workplace disputes, including unfair dismissal and bullying. It operates under the Fair Work Act 2009.
Unfair Dismissal
Unfair Dismissal
When an employee is dismissed from their job in a way that is considered harsh, unjust, or unreasonable, and not due to genuine redundancy.
Valid Reason for Dismissal
Valid Reason for Dismissal
An employer must have a legitimate reason for dismissing an employee based on their conduct or ability to do their job.
Warning Before Dismissal
Warning Before Dismissal
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Opportunity to Respond
Opportunity to Respond
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Study Notes
Federal Workplace Relations Legislation
- Australian workplace relations governed by the Fair Work Act 2009 (Cth).
- Fair Work Commission is the national tribunal.
- Commission assists with workplace issues, disputes, terminations, and bullying.
- Commission members are knowledgeable in dispute resolution.
Unfair Dismissal
- Employees can apply to the Fair Work Commission if dismissal deemed unfair (harsh, unjust, unreasonable; not genuine redundancy).
Fair Dismissal Requirements
- Valid Reason: Employer must have a valid reason (conduct or capacity) for potential dismissal.
- Warnings: Verbal or written warnings about potential dismissal for poor performance or conduct.
- Opportunity to Respond: Employee must be given a chance to improve and respond to warnings. This may involve additional training.
- Assistance (during discussions): Employee can have a non-legal assistant attend meetings.
- Evidence: An employer may be required to show compliance with the Small Business Fair Dismissal Code (e.g., checklists, warnings, statements).
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