Friday, August 9, 2019
Cases Essay Example | Topics and Well Written Essays - 750 words
Cases - Essay Example There is a set of outlined mitigating circumstances in terms of FWA, which should be taken into account in the process of considerations about an employeeââ¬â¢s dismissal (the personal and economic situation of the employee, the employeeââ¬â¢s unblemished record, genuine remorse and contrition). The article ââ¬Å"Fair Work Australia: unfair dismissal, at the employerââ¬â¢s initiative and demotionâ⬠by Carol Andrades and Ryan Carlisle Thomas deals with the Fair Work Australia Full Bench decision, which is focused on the factors, which should be taken into account in the process of an employeeââ¬â¢s dismissal. On the example of a pregnant woman, who had many difficulties in the process of her work, it is shown that the employer did not take into account her special needs and concerns and as a result, this woman experienced an efficient decrease in remuneration. The employer made an emphasis on an employeeââ¬â¢s incompliance with the terms of the contract and the employee had to accept the repudiation. This case illustrates a harsh, unjust and unreasonable dismissal and the employee, who was awarded $25,821 compensation. Question: which factors should be taken into account in order to avoid an unfair dismissal of an employee? There is a need to focus on de facto and de jure agreement of a contract; the assessment of the contract repudiation, the ââ¬Å"termination at the initiative of the employerâ⬠means and the cases, when a demotion constitutes a dismissal. The article ââ¬Å"Social media dismissals: work/home dividing line blurredâ⬠by Joe Catanzariti deals with a role social media plays in the process of an employeeââ¬â¢s dismissal. There is the first case, which deals with the employee, who posted a negative commentary on his Face book page about his employer. Fair Work Australia did not support an employee and a decision to fire
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