Fair work act unfair dismissal conciliation and arbitration

Employment Legislation in Australia : fair work act unfair dismissal conciliation and arbitration

The country is subjected to a variety of national legislations, as well as specific ones that apply to certain regions.

National legislations include:

The Fair Work Act of 2009 – an act that allows businesses to encourage productivity and growth, even if this means sourcing international employees as part of recruitment

The Sex Discrimination Act – A self-explanatory term, this act caters to how claims of sexual harassment should be dealt with; as well as laws to protect members of staff

The Equal Opportunities Act of 1999 – With the enforcement of this legislation, it became law for all businesses to consider female applicants as highly as male ones.

Contact Employee Experts & Consultants When Considering Grounds For Dismissal

When firing a member of staff, there are a few things that are worth thinking about – but the grounds for dismissal are definitely one of the most important. A few of the most common causes (and those that can be supported in court) include:

Misconduct – This type of event can relate to workplace responsibilities, personal activities (including creating a poor impression away from the workplace), or acting in a way that could be deemed as inappropriate in a court of law. This is the most common reason for individuals receiving a contract termination.

Sexual Harassment – The rules regarding this event are very straight forward. If an individual is suspected of sexual harassment, then a company is well within their rights to suspend them – with or without pay – while an investigation takes place. Where evidence is obtainable and the individual clearly committed the offence, then it is acceptable to terminate a contract and fire the culprit. Legal advice can be obtained to support the companies’ claim, just in case any complaints arise.

Poor performance – A good business will thrive when its employees are capable of propelling it – and this is something that all Australian authorities will understand and encourage. As a result, if an employee isn’t performing quite as well as they are expected, or if they seem to lack the required enthusiasm for their particular role; then a company can opt to fire them on the grounds that they aren’t up to the job. As long as ample evidence can be demonstrated, including assessments and similar documentation, a company will be able to trust that the legal system will support their decision.

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