Workplace HSC Legal Studies

Mark is a full-time employee. Mark tells his boss Dani that he needs to take leave for the next 2 days to care for his sick child. It’s a very busy time for the business so this really annoys Dani.

When Mark returns to work, Dani advises him that she has made him part-time. She tells Mark this will assist him to manage his caring responsibilities.

In these circumstances are Dani’s actions:

• Okay

• Not Okay

Ben runs a small business with 5 full-time staff. He needs to terminate an employee for poor performance. He wants to make sure he is following the Fair Work Act including unfair dismissal laws.

What should he do?

• Provide the appropriate amount of notice and unpaid wages

• Provide the reasons for the termination in writing and provide this to the employee

• Follow the Small Business Fair Dismissal Code

• All of the above

Casey had worked for her employer for 2 years and was been performing well. She had recently been given some additional duties. She didn’t receive proper training and had been struggling to complete the new tasks properly. Her employer decided to terminate her for not doing the job properly.

Could this be considered an unfair dismissal?

• No

• Possibly

Workchoices

• is the name given to legislation made in 1996

• is the name given to legislation made in 2005

• made it harder to dismiss employees

• is an example of left wing government policy

Under Workchoices, unfair dismissal claims were permitted for

• employers of less than 100 employees

• operational reasons

• dismissal which was harsh, unjust or unreasonable

The case of Village Cinemas Australia Pty Ltd v. Carter (2007) is an example of

• Unfair dismissal

• Fair dismissal because of the Workplace Relations Act

• Many reasons for dismissing the workers, and operational reasons being one of them, therefore legal dismissal

• The Fair Work Act

the Judge said ‘it would be a rare occasion that an employer could not construct a situation where an operational reason would provide the reason, or one of the reasons for the termination’. This was the case of

• Village Cinemas v. Carter

• Campagna v. Priceline

• Thompson v. Big Bert

• Barclay v. Bendigo TAFE

In the case of Cowra Abattoir, 2006

• the workers were discriminated against

• the workers were dismissed, then some were offered their jobs back on lower pay

• the Fair Work Act declared it to be unfair dismissal

• WorkChoices protected the employer

the case of Thompson v Big Bert Pty Ltd case

• was an example of direct discrimination

• was an example of indirect discrimination

• was an example of unfair dismissal

• showed that constructive dismissal is hard to prove

The Fair Dismissal Code

• requires employers to warn employees that they risk dismissal

• enables workers a reasonable period of time to correct the problem

• enables claims for workers employed for less than 12 months

• is an initiative of the Workplace Relations Act 1996