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.
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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.
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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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Description
Test your knowledge of the Federal Workplace Relations Legislation in Australia, particularly the Fair Work Act 2009. This quiz covers important topics such as unfair dismissal, valid dismissal requirements, and the role of the Fair Work Commission. Prepare to dive into the details of workplace rights and employer responsibilities.
