Human Resouce Law Protection to Employees Against Unfair Dismissal

Question:-

Whether Australian employment law currently provides sufficient protection to employees against unfair dismissal in small businesses?

Answer:-

In the matter related to dismissal by a small business employer, a person is considered to be dismissed reasonably if the Fair Work Commission is satisfied that such dismissal was consistent and justified one.[1]

From the case discussed above, the Small Fair Dismissal Code seems to be fair one from the perspective of both the employer and employee. Like, for dismissal on ground of serious misconduct like theft, the employer is justified in dismissing employee summarily if such misconduct requires immediate attention. Before taking such decision, he must have reasonable enquiry to establish his belief.[2] But if, the employer fails to follow non-summary dismissal in cases which is devoid of serious misconduct, the Commission can conclude such termination as unfair one. Moreover, all casual employees, who work for more than twelve months in a systematic and regular manner, are brought under the purview of the code. [3]And, still, if the employee is not happy with his termination, the employee has the right to apply for evaluation of his termination before the Commission.

The law, which exists in Australia in related to unfair dismissal in small businesses, seems to be reasonable one. It provides sufficient protection to employees of small businesses against unjustified termination.