unfair dismissal laws
Happy New Year! Thomson Reuters Workplace: Fair Work portal will be publishing occasional new posts throughout January as of today, resuming our daily frequency by the end of the month.
In the meantime, readers should be aware of changes that have been afoot over the December-January break, with a lot of significance attaching to New Years Day.
The newest commentary on workplace relations, Navigating the Fair Work Laws by Forsyth, Gostencnik, Parker and Roach, publishes next month and can be ordered from Thomson Reuters now (November 2010).
Consequently, the price of Transition to Forward with Fairness (published July 2008) has been significantly reduced. Buy now to get a useful commentary to a complex period of legislative change at a great price.
Fair Work Australia has ruled it has no jurisdiction to hear an unfair dismissal claim until after the termination has taken place. It was the first time the question had been posed to the tribunal in a case brought on by Australian National University senior employment strategies advisor Bradley John Beasley. He claimed ANU unfairly dismissed him when it gave six months’ notice he would be terminated on December 1, 2010.
(Beasley v Australian National University , FWA 7308 , 30/10/10)
Over a series of four posts, based on an address presented to the Fair Work Summit in May 2010, Jeffrey Phillips SC offers an analysis of trends coming from fair work legislation to date. He looks at: good faith bargaining requirements; protected industrial action; approval of enterprise agreements; adverse action and unfair dismissal. This post is about adverse action and unfair dismissal.
Visscher v The Hon President Justice Giudice  HCA 34 (2 September 2009).
A majority of the High Court (Heydon, Crennan, Kiefel and Bell JJ – Gummow J dissenting) has handed down an interesting employment case dealing with the often contested jurisdictional point in unfair dismissal cases as to whether the employment was terminated at the initiative of the employer or the employee.
On 29 June the Minister for Employment and Workplace Relations, Julia Gillard, announced that funding offers have been made under the Fair Work Education and Information program.
Fulfilling an election promise, the Government is facilitating a targeted education and information program to ensure employees, employers and small businesses understand the new workplace relations system.