Unfair Dismissal

Unfair dismissal Ethical issues arise when a person believes that they have been dismissed without any proper reasons. When someone is putting in an unfair dismissal remedy application, FWA (fair work Australia) must decide if this dismissal was unethical. FWA must take into account the following points which decide wether the dismissal was harsh, unjust or unreasonable, therefore making it unethical. * whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees) * whether the person was told their reason for dismissal * whether the person was given an opportunity to respond to any reason related to the conduct or behaviour of the person at work * any unreasonable refusal to allow the person to have a support person present in the dismissal to assist at any discussions relating to the action. * if the dismissal related to unsatisfactory performance by the person, they had to of been warned about that unsatisfactory performance before the dismissal * the degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal, and * the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal, and * any other matters that FWA considers relevant.
(taken from the FWA * If it would have been reasonable in all the circumstances for the person to be redeployed within: * the employer's enterprise * the enterprise of an associated entity of the employer.

The dismissal may actually been a genuine dismissal. If the dismissal w person's dismissal was a case of genuine redundancy if: * the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise, and * the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy. If a person has been unfairly dismissed, this would obviously have a very negative impact on their lives. * Their livelihood and income would be lost, with no means to support themselves or their potential family. * They may then get a negative attitude towards getting a job, then face prolonged unemployment and possible mental illnesses. * The workplace may face discrimination charges or other charges due to malpractice.