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Freedom to fire [online] : economic dismissals under Work Choices : report for the Victorian Office of the Workplace Rights Advocate

Call no.:
Internet only - free access
Author:
Length:
81 p.
Publisher:
Melbourne, Vic.: Victorian Department of Innovation, Industry and Regional Development
Year:
2007
Type:
Electronic resource
Subject:
Abstract:
This rport examines the fairness and appropriateness of the new provisions, including:
+ the exclusion from the unfair dismissal jurisdiction of persons employed in businesses of 100 or fewer employees;
+ the removal of the requirement that there be a ‘valid reason’ for the termination;
+ the broad definition of ‘operational reasons’, and the fact that the exemption applies to dismissals for ‘mixed’ personal and business reasons;
+ the inability to challenge dismissals which are made on genuine economic grounds but which are effected in a procedurally unfair manner;
+ the possibility of abuse (for example, by employers providing spurious economic grounds for dismissals that are in fact motivated by other reasons).
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