Lesson 11: Unfair Dismissal Flashcards
Learning Intention: examine laws related to the workplace including Equal Employment Opportunity and anti-discrimination laws
What is discrimination
when someone is treated unfairly due to age, gender, ethnicity, religion, disbaility or other factors
What makes discrimination illegal in workplaces
anti-discrimination laws
3 examples of anti-discrimination legislation
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Disability Discrimination Act 1992
How does the Racial Discrimination Act 1975 prevent discrimination
prevents employers from specifying race or culture when hiring
How does the Sex Discrimination Act 1984 prevent discrimination
protects against discrimination based on gender, pregnancy or marital stauts and bans sexual harrassment
How does the Disability Discrimination Act 1992 prevent discrimination
ensures equal access to employment for people with disabilities
3 types of dismissal
- summary dismissal
- dismissal by notice
- redundancy
What is summary dismissal
immediate firing for serious misconduct
What is dismissal by notice
fired due to poor job performance
What is redundancy dismissal
job is no longer needed
What is unfair dismissal
when a worker is fired is a way that is harsh, unjust or unreasonable
What piece of legislation prevents unfair dismissal
Fair Work Act 2009
Where can employees apply to if they feel they have been dismissed unfairly in order to have re-instatement or compensation
the Fair Work Commission
How long must employees wait to apply for unfair dismissal
21 days
What is the minimum employment period to claim re-instatement or compensation
- 12 months for small businesses
- 6 months for large businesses
