Dismissal Protection in Australia and Canada Essay

Dismissal protection is one of the most significant issues for employees in employment law of any country. Actually, the protection against dismissal requires the knowledge of the established system of restrictions on the lawfulness and justice of termination of existing employment relationships by the employer (Slinn & Hurd, 2011). As a rule, dismissal protection stands for the statutory protection, or it may be imposed by some official employment documents, such as collective agreement and the contract of employment. The major purpose of dismissal is to keep employees’ job, providing the means of livelihood in a framework that is economically justifiable (Brown et al., 2009). This purpose can be achieved by the fact that, in some situations the employer has no reasonable cause to dismiss his employee, or this cause is not serious, and on the application from the dismissed employee, the court may declare the dismissal to be null and void. Australia and Canada provide the proper protection against unfair dismissal, but there are certain differences between legislation of these countries in terms of dismissal protection.

In Australia, employment contracts may be terminated by employers in the following cases: employee’s death, employer’s bankruptcy, sale of business, or redundancy and some other circumstances. As a rule, Australian legislation guarantees protection against unfair dismissal under the Fair Work Act 2009, providing limited continuation of wages that should be paid from special industry funds (Gardner & Palmer, 2007). Employees are to make claim within 14 days after the notice of dismissal. Remedies include compensation and reinstatement of up to 6 months-payments. However, there are some exceptions. These exceptions involve “employees’ earning above the prescribed salary (AUD 108,300), unless they are covered by an industrial award or enterprise agreement, and employees who have not completed a 6 months period of employment” (Brown et al., 2009, p.56). Unfair dismissal laws cannot be applied to independent contractors, resigned employees, seasonal workers, and to those who are employed for specific tasks.

In Canada, statutory protection against unfair dismissal is guaranteed under the Canada Labor Code. An employee’s dismissal is considered to be unlawful if it violates the established statutes. Actually, the Canada Labor Code guarantees dismissal protection for non-unionized workers (Slinn & Hurd, 2011). Those employees who have 12 months of continuing employment with the same employer/ or organization, can make a complaint. As a rule, an employee’s complaint must be made within 90 days of his/her dismissal. The reinstatement with compensation may be ordered if an employee has been dismissed unfairly (Slinn & Hurd, 2011).

Both in Canada and Australia, employment legislation is in practice. There are three major factors that affect the decisions of Employment Relations Committee in relation to unfair dismissals, including the availability of a “valid reason for termination”, the notice of dismissal (employees must be notified), and the warning about the employees’ “unsatisfactory performance” (Gardner & Palmer, 2007, p. 160). However, in many unfair dismissal cases, dismissed employees still face inequalities. Many case studies show that the process is not so complex for employers and, “even if employees are dismissed ‘unfairly’ or arbitrarily, the price the employer is likely to pay in compensation may be relatively minor” (Voll, 2005, p. 537).

Thus, it is necessary to conclude that the protection against dismissal exists both in Australia and Canada, but there are certain differences in employment laws of these countries. The statutory provisions that govern unfair dismissal in Australian and Canadian jurisdictions help to reinstate wrongfully dismissed employees. There are many cases which demonstrate what is really happening in the workplace in in relation to unfair dismissal. Although there are some challenges in the protection against unfair dismissal, the gap that existed in dismissal protection has been diminished both in Australia and Canada.

 

References

Brown, J., Maconachie, G. & Stone, R. J. (2009). Employment Relations in Australia. John Wiley & Sons Australia, Limited.

Gardner, N. & Palmer, C. (2007). Employment Relations: Industrial Relations and Human Resource Management in Australia. Macmillan Education AU.

Slinn, S. & Hurd, R. (2011). “Employment relations in Canada and the US” in Research Handbook of Comparative Employment Relations, ed. by Michael Barry & Adrian Wilkinson. Edward Elgar Publishing.

Voll, G. (2005). “Case studies in ‘unfair dismissal’ process” AIRAANZ. Retrieved from:< http://airaanz.econ.usyd.edu.au/papers/Voll.pdf>

The terms offer and acceptance. (2016, May 17). Retrieved from

[Accessed: December 10, 2022]

"The terms offer and acceptance." freeessays.club, 17 May 2016.

[Accessed: December 10, 2022]

freeessays.club (2016) The terms offer and acceptance [Online].
Available at:

[Accessed: December 10, 2022]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: December 10, 2022]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: December 10, 2022]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: December 10, 2022]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: December 10, 2022]
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