10 Legal Studies, Term 4

1. Unfair Dismissal

2. Unfair Dismissal
2
• In Australia, we have laws that prevent people from being fired from a
job unfairly.
• This means that an employer cannot fire you unless there is a good
reason that is not considered harsh, unjust or unreasonable.
• Read the scenario on page 335.
• Do you think losing your job for
either reason is fair?

3. Unfair Dismissal
3
• In the scenario you read, being sick (especially when you have a
medical certificate and notified your employer each day of your
illness) is not a good reason for dismissal, not is reporting unsafe work
conditions to your employer.

4. Unfair Dismissal
4
• According to law, you cannot be dismissed in the following
circumstances:
• Being away from work temporarily because of illness or injury,
• Being a union member or participating in union activities such as a legal
strike,
• Being involved in legal proceedings against your employer (eg. If a customer is
suing your work and you are called to witness),
• Becoming pregnant or taking parental leave,
• Making a complaint about WH&S conditions, or,
• Discrimination in violation of the Anti-Discrimination Act.

5. Unfair Dismissal
5
• Sometimes an employer does have a good reason to dismiss you (such
as repeated mistakes after receiving further training to help you
overcome these problems)
• But, your employer is still required to give you an adequate amount of
notice, which is usually aligned to the period of continuous service.
• The relevant notice period increases by 1 week if the employee is over 45 years old
and has completed at least 2 years' continuous service with the employer.
Period of continuous service Notice
<1 year 1 week
>1, but <3 years 2 weeks
>3, but <5 years 3 weeks
>5 years 4 weeks

6. Unfair Dismissal
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• What happens if you are not given adequate notice?
• Your employer is obliged to pay your for the appropriate number of
weeks.
• For example, if you had worked for a company for two years (meaning
you are entitled to two weeks notice) and you are given three days
notice, the company must pay you for the remaining week and two
days even though you will not be working.

7. Unfair Dismissal
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• Your employer is allowed to dismiss you for many reasons, including:
• Deliberately breaking your contract of employment
• Behaviour that causes a risk (to others or to the organisation)
• Stealing (from others or the organisation)
• Assault
• Fraud
• Being under the influence of drugs or alcohol while at work
• Not carrying out lawful and reasonable instructions from your employer (as
this is a responsibility associated with being an employee)

8. Unfair Dismissal
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• There are times when a worker is not covered by unfair dismissal
legislation and will need to pursue other avenues, such as anti-
discrimination legislation. These situations may include:
• Casual workers who have been with the organisation less than 12 months
• Apprentices and trainees
• Contract workers
• During the first three months of employment is this is a probationary period.

9. Unfair Dismissal
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• When taking action against a workplace for unfair dismissal, you are
required to lodge an application with the Queensland Industrial Relations
Commission within 21 days of your last week of work.
• Employers may also make an employee redundant, as we have discussed
previously.
• If this happens, the employer has to pay the employee severance pay to
compensate the employee for the loss of a job in which they have been
performing well.
• The amount of severance pay for a full time employee is dependant upon
how long the employee has been working for the organisation.
• You can see a table of severance pay amounts on page 337 of your text
book.

10. Things to do!
10
• Complete Questions 1 (a-h only), 2, 5 and 6 from pages 337 and 338
of your text book.
• Finish this for homework, due next lesson.