Industrial relations - Wikipedia
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Is consent from a third party required before an employer can dismiss?
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An employee is treated as dismissed if his employer terminates his contract with or without noticeif he is employed on a fixed-term contract which expires, or if he resigns in response to a fundamental breach of contract by the employer. Consent from a third party is not required before a dismissal takes place. It is automatically unfair to dismiss an employee for a variety of reasons, including: There is no qualifying period of employment to bring such claims.
Are employees entitled to compensation on dismissal and if so how is compensation calculated? Employers must show that they have a potentially fair reason for dismissal.
Employees are entitled to receive a statutory redundancy payment if they are dismissed for redundancy. Employees dismissed for a reason other than redundancy are not entitled to receive a statutory payment.
Employment & Labour Law 2018 | United Kingdom
Employers must follow a fair procedure to avoid a finding of unfair dismissal. It is unlikely to be fair to dismiss on capability grounds unless the employee has been given a reasonable opportunity to meet the required standard of performance or attendance, and in this case the process can take a number of months.
What are the remedies for a successful claim? The employee would also be entitled to a compensatory award, to reflect the financial loss caused by the dismissal.
Where there is protected industrial action and a complete withdrawal of labour employers will be required to withhold pay for the actual period of industrial action taken. Where protected industrial action involves partial work bans or restrictions employers will have a choice of actions with respect to strike pay. Disputes concerning the proportion of wages that should be deducted will be able to be settled by the FWA.
The FWA will also be required to order industrial action to end if it is causing or may cause significant harm to the Australian economy or to the safety or welfare of the community. The FWA will also have discretion to end industrial action and determine a settlement where industrial action is protracted and significant economic harm has been caused to, or is imminent for, the bargaining parties.
The Minister may terminate industrial action by order where the industrial action is in relation to essential services. Right of entry Union officials with a right of entry permit will be able to visit employees in workplaces.
Entry may take place to investigate suspected breaches of industrial laws and fair work instruments affecting union members on the premises sought to be entered. In relation to entry to investigate suspected breaches a permit holder may: The inspection and copying of records or documents must be relevant to the suspected breach that the permit holder is investigating. Further, there is a new prohibition introduced which prohibits the use or disclosure of employee records obtained by permit holders for a purpose other than a primary purpose of their collection.
This prohibition applies not only to the permit holder obtaining the record but any person who receives information as a result of the permit holder acquiring it for example, a union organiser or industrial advocate. Permit holders may also enter a workplace to hold discussions with employees who are, or are eligible to be, members of their union. A union permit holder can therefore enter a workplace to hold those discussions provided there is one, or more, employees whose industrial interests the union is entitled to represent.
A permit holder may also enter premises to investigate breaches of State occupational health and safety laws. The right of entry provisions apply to all employers and employees in the workplace. In this respect, these provisions are different to the majority of other provisions of the FW Bill which apply to employees of national system employers.
In order to obtain entry additional content requirements have been included for entry notices. The entry notice will have to refer to the relevant provision in the union rules.
Employment & Labour Law | Nigeria | ICLG
Advice on the interpretation of union rules, on both the employer and employee side, is likely to be a mini growth area for all workplace relations lawyers! Many of the current requirements relating to entry permits for union officials have been maintained.
Expanded unfair dismissal New qualifying periods have been introduced which must be met before an unfair dismissal claim can be made. For employees of businesses with fewer than 15 employees the employee must have been employed for 12 months before an unfair dismissal claim can be made.
For employees in businesses with 15 or more employees the employee must have been employed for 6 months before an unfair dismissal claim can be made. Casual employees may also make unfair dismissal claims, but on the basis of the same qualifying period as permanent employees, provided they have been employed on a regular and systematic basis for the requisite period and had a reasonable expectation of continuing employment by the employer.
Certain employees will be excluded from making an unfair dismissal claim, namely: Applications alleging termination was harsh, unjust or unreasonable must be lodged with FWA within seven days of the termination, although FWA will have a discretion to accept late applications in exceptional circumstances. For small businesses there will be a Small Business Fair Dismissal Code, compliance with which will render a dismissal fair.
The FWA will act in an informal and inquisitorial manner in determining issues such as whether the employee has completed the minimum qualifying period or whether the employer has complied with the Small Business Fair Dismissal Code. If there are contested facts then the FWA will be required to either hold a conference or conduct a hearing. Conferences will be informal without necessarily requiring formal written submissions or cross-examination.Industrial Relations
The FWA will only have full public hearings where it is considered appropriate, and in determining whether it is appropriate will have regard to: Legal representation will only be allowed where the FWA deems it to be appropriate, otherwise parties will be able to be supported by a non-legal representative or agent.
The preferred remedy where a dismissal is unfair will be reinstatement. Pay lost may also be ordered to be repaid where the employee is reinstated. Compensation will be capped at the lesser of 6 months pay or half the high income threshold. The factors for determining compensation are specified, as follows: The seven day time limit for applications is designed to promote quick resolution of claims and to increase the feasibility of reinstatement as an option.
This is consistent with the intention that the new unfair dismissal scheme be simpler and easier for all parties to use, and that the FWA be able to make binding decisions following conferences, without the need for a formal, public hearing.
Some unions and professional bodies have criticized the seven day limit upon the making of applications following dismissal, and suggested that it be increased to 21 days, particularly so as to allow employees to obtain advice. That criticism, with respect, misses the point: