Unfair Dismissal Report Essay Example | Topics and Well Written Essays - 2500 words

Unfair Dismissal Report - Essay Example 9. Employed in Victoria or in a Territory. In determining if this has been the case, the Commission must have regard to a number of factors including: 1. whether there was a valid reason for the termination and whether the employee was notified of that reason; 2. whether the employee was given an opportunity to respond; 3. if the termination related to unsatisfactory performance by the employee and whether the employee had previously been warned about that unsatisfactory performance; 4. the degree to which the size of the employer's business, or the absence of dedicated human resource management specialists, may have had an impact on termination procedures. The AIRC hears cases which are still unresolved after going through the conciliation process. Its role is to decide, after hearing from both sides, whether the dismissal was harsh, unjust or unreasonable. It also exercises a range of powers under the Act in relation to ensuring the establishment and maintenance of fair minimum wages and conditions of employment, preventing and settling industrial disputes, facilitating agreement making between employers and employees, conciliating and arbitrating claims in relation to the termination of employees and dealing with matters concerning industrial organizations. The AIRC seeks to help employers and employees to reach a settlement in a way that minimizes legal costs and discourages vexatious and unreasonable claims. If matters are not settled, the AIRC will make a decision that is binding on both the employer and employee. Under the Act, the AIRC is responsible for conciliation in both unfair dismissal and unlawful termination cases. Only unfair dismissal cases, however, can be arbitrated in the AIRC. Procedural fairness has two meanings in... Unfair Dismissal Report The Australian Industrial Relations Commission (AIRC) had to decide on a balance of probabilities whether the applicant had proven her allegations regarding unlawful discrimination and harassment taking into account all the evidence available to it. The AIRC seeks to help employers and employees to reach a settlement in a way that minimizes legal costs and discourages vexatious and unreasonable claims. If matters are not settled, the AIRC will make a decision that is binding on both the employer and employee. Procedural fairness has two meanings in this context. Firstly, one of the characteristics of a Tribunal is informality - which generally means excluding the rules of evidence, whilst retaining due process, natural justice or procedural fairness. The AIRC are required to do what is fair in the circumstances of each case. The onus is on yielding a fair result and if that requires greater formality then the AIRC will do so in order to establish any disputed facts. For example in the case study, the Tribunal arranged for the parties to agree the matters which were not in dispute prior to the hearing of the matter. Tribunal members hearing cases are also ready to help applicants to understand the issues in their cases and the procedures in the Tribunal where they can. In particular, Mrs Huang was given the opportunity to change her interpreter. The Tribunal also reminded the interpreter that he could ask to stop the proceedings if they were going too quickly for him to ensure an accurate translation of what was said. The Tribunal was of the view that it was imperative that Mrs Huang understood the proceedings as if it were her first language.