LAW GIVEN SCENARIO

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LAW GIVEN SCENARIO

 

SCENARIO 1

Campbell decides to sack 14 full time workers from the Health Department without severance pay.  They see you and want to take action.

In the light of this scenario, it is vital to conduct a thorough investigation as to why Campbell dismissed the 14 workers. Whether the sacked workers were made redundant as a result of operational changes must be determine in accordance with the provisions of the Fair Work Act 2009 (Cth) (Creighton & Forsyth 2012). The FWA 2009 provisions provide criterions where employee or employees can be sacked without severance pay. In order to deny the workers entitlements to severance pay, the sacking or dismissal must have been a result of their gross misconduct, or must have breached or terminated their employment contract (Creighton & Forsyth 2012). However, if termination of employment was made by the Health Department, it could either amount to unfair dismissal or redundancy. Under the FWA, if sacking of 14 workers constitutes unfair dismissal, then they can take action against their employer to seek either reinstatement or compensation, whatever is suitable.

The facts revealed that the workers were fulltime and it is assumed that they might have been employed at least for the minimum period required under Fair Work Australia or relevant industrial awards to make a claim for unfair or constructive dismissal or redundancy. Based on the information, my initial approach to resolve this case would be to implement the process of mediation. Mediation is voluntary, impartial and confidential (Moore 2014,). It is generally free and can be arrange quickly. An independent person can point the way to agreement with flexible possibilities. Improvements in communication and understanding are made, as well as mutual agreement. However, Moore (2014) asserted that mediation has no formal process and may not conclude in agreement. It lacks the routine and legitimate protections guaranteed by litigation, with no legal precedent being set. If the processes of mediation fail to deliver fair outcome, the next step for the parties would be to participate in negotiation. The benefits of negotiat.............


Type: Essay || Words: 1346 Rating || Excellent

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