Employment and Work Futures

Assignment
By Andrew Jiang

Unfair Dismissal

Nature of Unfair Dismissal

Harshly removed for breaking the principles is something not many of us

understand and adds to our present significant issue between representatives,
organisations and society. The Fair Work Act 2009 sets out how and when an
employee’s employment might be terminated. Nevertheless, in practice cases
do continue to come centre on unfair dismissal facts.

Types of Unfair Dismissal

According to the FWC, 13,141 unfair dismissal cases were reported in

2022-2023. This is more than twice as high as the number from the previous
year. The types of unfair dismissal cases determined in Australia can involve a
number of different aspects. Lack of procedural fairness is one aspect that
may be present if an individual has not been given adequate notice prior to
their termination date; if they have received no reason given on how/why the
decision was made or were not provided with an opportunity to make
submissions against any allegations made before acting upon them There's
also cases in which there was no valid reason for termination.

Causes of Unfair Dismissal

One of the main reasons for an unfair dismissal would be insufficient

communication and going with no records in the discharging phases: In these
cases, it is common to have misunderstandings and conflicts between the
employer and workers leading to unfair work practices. This includes
circumstances when the termination of employment is without appropriate
notice, or consultation with a worker feeling betrayed and losing trust in their
employer.

Impacts of Unfair Dismissal

The consequences of unfair dismissal are many and varied. Unfair dismissal
is stressful on the employees who can feel emotional distress, experience
financial difficulties and lose their confidence in getting another job. As a
result, productivity can go down and will majorly impact on morale and
well-being as a whole. On the contrary, businesses that wrongfully dismiss
their employees can expect a tarnished reputation due to costly litigation and
potential consequences as well. The impact on the economy and society is
when an employee of a company gets to be unfairly dismissed. It often causes
an absence in trust as an employees’ confidence is lost within the workplace.

Government Responses

The unfair dismissal can be addressed with several measures, which regard
the employees’ rights and are maintained by the government in Australia. The
Fair Work Act 2009 provides a fair dismissal procedure with the opportunity for
review of such a decision if there is requested to do so. The Fair Work
Commission may also require the reappointment or compensation of any
individual who was unjustifiably dismissed.

Recent Statistics

According to the Fair Work Commission 2022-2023 Annual Report, There

were:

13,141 unfair dismissal claims made during the 2022-2023 financial year

15% increase in unfair dismissal claims from the previous year

24.5% of unfair dismissal claims due to failure to provide adequate notice or
consultation

20.5% of unfair dismissal claims due to lack of valid reason for termination

14.5% of unfair dismissal claims due to failure to follow proper procedure

12.5% of unfair dismissal claims due to discrimination

Examples of Unfair Dismissal Cases

In 2020, a dismissed employee was reinstated and received a compensation

of $150,000 from a major Australian retail chain. The employee was asked to
leave without notice and consultation. The FWC considered that his dismissal
was unfair.

In 2022, a former employee was paid $100,000 in compensation for unfair

dismissal at a small business. Finding that the employer isn't complying with
the correct procedure, the FWC continued the report application.

Disputes

Nature of Disputes

Australia is no stranger to workplace disputes, with these complicated and

multifaceted problems affecting the lives of employees across all professionals
as well as impacting various businesses. These disagreements can happen
for different reasons such as disputes between employees themselves,
between them and the management as well as with the union. There also
could be disagreement about employee contracts, salary agreement or even
work environments. The purpose of this report is to critically analyse the
status quo regarding workplace disputes in Australia, which includes their
nature and types, causes, consequences and de facto responses by different
layers of government.
Types of Disputes

A workplace dispute can come in many shapes or forms, including industrial

disputes, employment disputes and confidentiality disputes. Issues about
wages, working conditions and employment contracts separating employers
from employees’ trade unions are classified as industrial disputes.
Employment disputes are the most common type of dispute which occurs
such as between workers and their employers regarding job tenure, unfair
termination, discrimination. One category of confidentiality squabbles are
when employers and employees disagree in these same areas, only centred
on confidential information, trade secrets and intellectual property.

Causes of Disputes

There are different reasons work disputes occur, and one of those reasons
includes communication issues such as misunderstanding through the
interaction. Secondly, trust is a significant aspect to develop gaps in
addressing the issue between each other. At the same time, cultural
differences can be another major precipitator of conflicts. Again, teamwork
involving a culturally diverse group is likely to have human resource members
from different cultural backgrounds with divergent expectations and values.
Such as restructuring or downsizing, sometimes causing uncertainty and
conflict.

Impacts of Disputes

Thus, workplace conflicts bear a variety of outcomes not only for employees
but also businesses and the economy as a whole. Workers experiencing
stress, anxiety suffer in mind and body; this leads to productivity loss and
lower efficiency. In addition, workplace disagreements can lead to substantial
economic issues for the organisation. This involves, but is not restricted to,
revenue loss and recruitment expenses. It added: Furthermore such disputes
can have an adverse impact on society as a whole with feuding families
disrupting community life and cohesion.

Government Responses
Following measures taken by the Australian Government in respect of
workplace e-commerce disputes are: Legislation: For the arbitration and
mediation process Australia has a particular legislation that is known as Fair
Work Act 2009. The Fair Work Commission hears disputes at the workplace
level and also seeks resolution through arbitration and conciliation: The
National Employment Standard, which is a minimum standard of employment
requirements that an employer must provide.

Recent Statistics

According to the Fair Work Commission's 2022 Annual Report:

In the past 12 months, 12% of employees experienced a workplace dispute.

In 2022, 64% of workplace disputes involved union involvement.

The Fair Work Commission paid out $1.3 billion in compensation to

employees in 2022.

Examples of Disputes Cases

An employee was dismissed from his/her employment without following the

proper channel. The Fair Work Commission insisted the employer pay
compensation.

Another case occurred in 2022, Qantas Airlines was entangled in an industrial

dispute with its pilots concerning workload and rostering. It ultimately led to
resolution via mediation with the Australian Council of Trade Unions.
Summary
Rising Unfair Dismissals Due To Remote Work

Introduction: A rising number of unfair dismissal claims in the context of

remote work arrangements are being presented before the Fair Work
Commission (FWC) revealing a friction between employers and employees
over flexible working conditions."

What: Tomaso Moro, a sales rep at Insider AU was unfairly dismissed for
breach of contract when the company terminated his employment after he
worked full-time from home, despite having been performing incredibly as its
No.1 achiever in the job. Commissioner Donna McKenna ruled that Moros
should receive compensation.

Cause: Moro was fired after he decided to telework on days established for
in-office work, and a perception of lack of commitment from the company's
regional director Tunc Bolluk.

When & Where: The incident came to light on August 30, last year, in
Australia. This comes at a time when there are raging debates on whether or
not remote work will continue to thrive in the workplaces post-pandemic!

Why it matters: This case highlights the tension between in-office employers
and employees seeking post-pandemic remote work flexibility, mirroring larger
changes to workplace culture.

How: Commissioner McKenna found Moro’s termination to have been

“predetermined” and “unjust,” highlighting the FWC’s growing acceptance of
remote work and remotely-located employees, along with the need for
procedural fairness.
Workplace Disputes

A settlement has been reached in a workplace dispute between LGBTIQ+

activist and writer Sally Rugg and creative agency; MediaCom. “I’d like to
thank my incredible lawyers at Maurice Blackburn for their support, but also
2,500 months of lesbian rearing for ensuring I always go fighting,” says Ms.
Rugg in a statement released on Thursday evening.

Who:

Former chief of staff to independent MP Monique Ryan, Sally Rugg, also signs
a settlement allowing her to walk away from her workplace dispute with Ryan
and the federal government for $100.000.

What:

Rugg has made claims of breaches of the Fair Work Act including adverse
action against Ryan, claiming she demanded he work unreasonable additional
hours and that in contracting Covid-19.

When & Where:

A settlement was reached on May 8, Australia time, after a federal court case
Rugg filed in January in that country.

Why:

It arose from a failure in the working relationship over hours worked,

compounded by Rugg's diagnosis with Covid-19 and having to self-isolate.

How:

A settlement in the case wasn’t reached until February this year,

notwithstanding mediation in late 2019, and only after Rugg added an
additional charge that the commonwealth had committed “a serious
contravention” by breaking Australian workplace laws. The case drew
attention to the problem of long working hours for parliamentary staff and its
impact on safety in the workplace.

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