• Research Paper on:
    Workplace Relations Amendment (Fair Dismissal) Bill 2002

    Number of Pages: 4


    Summary of the research paper:

    This 4 page paper considers the Australian Workplace Relations Amendment (Fair Dismissal) Bill 2002, what it means and the issues that surround the proposal. The bibliography cites 6 sources.

    Name of Research Paper File: TS14_TEauempr.rtf

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    Unformatted Sample Text from the Research Paper:
    agreement, The problem is the way in which they may be changed. The Workplace Relations Amendment (Fair Dismissal) Bill 2002 has been stalled twice by the senate (Newnham, 2003). In  looking at an article by Newnham there is the emphasis how the change is unfair to employees with a proposed exception for small employers, where there are less than twenty  employees they would effectively not have to face charges of "harsh, unjust or unreasonable termination" (Newnham, 2003). Newnham notes that for many  employers the main barriers to taking on employees may be the unfair dismissal rules. It is noted that in some instances an employer will settle merely due to the cost  of fighting a case rather than face the potential legal costs. This is not a case where there is a just solution, but where the employee is using the system  to their own advantage as a result of the employer making procedural errors (Newnham, 2003). An example is cited where an employer  tries to do the right thing and keeps an employee on rather than dismissing her and closing the business. Changes are made to working practices to try and turn a  failed company around, In this case there was no award made to the employee, but there were substantial costs. Therefore, this was  unfair and unjust. However, it is also noted that about 80% of cases appear to be due to unfair treatment by an employer and only 20% the advantage being sought  by an employee misusing the system (Newnham, 2003). Therefore, there is support for the need for change, but not by expsmting the employees of small business for being able to 

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