This 4 page paper is based on Australian law and looks at a case submitted by the student where unfair dismissal is considered and the ownership rights of intellectual property that was created by the employee in the course of their work. The bibliography cites 8 sources.
Name of Research Paper File: TS14_TEaueelw.rtf
Unformatted Sample Text from the Research Paper:
computer that has worldwide potential and has sought to register a patent. Joe has found out and dismissed Joe from the business immediately, demanded the car back and also the
details of the talking computer. There are several issues here that need to be dealt with. Each issue will be considered separately. The first issue is did Joe have
the right to make a summary dismissal of Henry. On the surface it may appear that there was no reason other than professional jealousy, however, the issue of the way
that this information was made, and used, and as seen below, may be seen as belonging to Joe, and would then be used to compete with Joe. Unfair dismissal is
now covered by the Workplace Relations Amendment (Termination of Employment) Act 2001, which took the place of the former Commonwealth unfair dismissal laws, this is now in force (Ebsworth and
Ebsworth, 2003). Henry has a choice of actions, if he had been in a union, there would have been the ability to make an application for a remedy for
unfair dismissal, and this must be made within three weeks of the dismissal. However as it appears this did not take place, then it looks like Henry was not in
a union. Therefore, he also has the right to go to the civil courts and claim wrongful dismissal under common law as well as under the statue which has been
passed recently (Ebsworth and Ebsworth, 2003). It is worth noting there are some exemptions. Where there are earnings above an earning cap, as of July 2002 this was $81,500.
WE are told that Henry has a wage of $800 a week, this results in a level under this cap, however remuneration will also include the taxable value of the