Business

High unemployment leads to more disputes

HIGH unemployment leads to employment disputes.

In November 2014, Australia's unemployment rate was 6.3%, having been on the rise for some time.

Employers are mindful of the percentage of the population standing in line, waiting for the next vacancy while employees are under pressure to hold on tightly to their jobs as there is no immediate guarantee of another.

Following this trend is an increase in employment law disputes and litigation.

A typically complex area of law, with many rules, regulations and traps, employment law was mostly unified under a National Regime in 2009, with the introduction of the Fair Work Act.

Many established industrial law principles have either been merged with or abandoned by case law interpretations of the Fair Work Act.

Over the next three weeks, we will consider some key aspects of employment law and the employment relationship as defined and governed by the Fair Work framework.

We will provide overviews of unfair dismissal, unlawful termination and the common law action of wrongful dismissal.

In summary, if an employer wants to dismiss an employee, it is essential that the correct legal framework be followed.

Broadly speaking, there are four ways that the employment relationship may end, namely:

  •  By mutual agreement;
  •  The employee resigns or abandons employment;
  •  The employer terminates the employment; or
  •  A contract for a fixed term, task or event comes to an end.

It is rare that an employer will take an action against an employee for failing to end the employment relationship lawfully.

Usually the employer is on the other end of the argument, defending an action commenced by the disgruntled former employee.

Topics:  business, business opinion, unemployment, workplace law




Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Gladstone body building power couple eat '8 meals a day'

Source: Win Marsh

WIN Marsh has retaken control of her life after her husband's death

Has Gladstone State High banned free dress days?

Gladstone State High School students taking part in the Capricorn Film Festival film workshop. Photo CFF

Education department sets the record straight on free dress

'Bloke Bonanza' expected to create 'online frenzy'

No Caption

This month’s auction has over 450 lots, larger any previous sales

Latest deals and offers

Bennett, Langer, Thurston and others talk Cam Smith

Broncos and former QLD coach Wayne Bennett.

Broncos and former QLD coach plus past and present players talk about Cameron...

Chanelle Ashanti's ute hit outside work

Chanelle Ashanti couldn't believe a big people mover crashed into her fluro ute this morning.

Chanelle Ashanti's ute hit outside work

Chanelle Ashanti's ute hit outside work

Chanelle Ashanti couldn't believe a big people mover crashed into her fluro ute this morning.

Chanelle Ashanti's ute hit outside work

Own Sunshine Coast property? You’re about to make money

UP AND UP: Property owners are likely to win from rent and price increases but tenants and first home buyers might not be so happy. Photo: Brett Wortman / Sunshine Coast Daily

Good new for property owners, not so good for buyers and tenants.

Gladstone's 10 cheapest houses for sale

ALL of the houses are selling for well under $200,000.