Public Law Studies Quarterly

Illegal Dismissal of Workers in Australian Labor Law

Document Type : Article

Authors

Niloofar Soleimani 1
Mohamadjavad Jafari 2
Iraj Ranjbar 3

1 Ph.D. Student in Public Law, Department of Law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran

2 Assistant Prof, Department of public law, Kermanshah branch, Islamic Azad University, Kermanshah, Iran

3 Assistant Prof, Department of political science, Kermanshah branch, Islamic Azad University, Kermanshah, Iran

https://doi.org/10.22059/jplsq.2021.307413.2510
Abstract
Dismissal of workers is directly related to their job security, human dignity and income. As such, legislation on this issue is very important. In view of Australia’s mixed economic system, labor laws are supposed to keep a balance between economic growth and labors’ rights. Using a descriptive- analytical method, this paper studies Australian law on worker dismissal and compares it to regulations of the International Labor Organization (ILO). The main question of the paper is what types of dismissal are considered unfair in Australian law and to what extent the labor regulations of this country have complied with ILO standards?  In terms of compatibility with ILO standards, and based on the statistics presented by labor groups and the Fair Labor Commission, it can be concluded that Australia’s labor regulations are one of the most advanced in the world and can be a model for other legislators.

Keywords

dismissal
unfair dismissal
remedy
fair work act
employer
employee
fair work commission
  1. A) Books
  2. Alkiyumi, Fawzi Mubarak (2013), Unfair Dismissal (Study with Emphasis of the Revelance of Shari,A, Oman, University of Bedforshire.
  3. Craig, John & Lynk, Michael (2006), Globalization and the Future of Labour Law, Cambridge University Press.
  4. Davies, A.C.L, (2004), Prespectives on Labour Law (Law in Context), Cambridge University Press.
  5. Hodges, Jane (2009), International Labour Reports, Vol. 25, Martinnus Nijhoff Publishers.

 

  1. B) Articles
  2. Keesing, Grace (2012), “Contractual Rights and Remedies for Dismissed Employees After the Employment Revolution”, Melbourne University Law Review, Vol. 36, 104.
  3. Malone, Trina (2011), “Vulnerability in the fair workplace: Why Dismissal Laws fall to Adequately Protect Labour Hire Employment in Australia”, Centre for Employment and Labour Relation Law, No.6.
  4. Pierre Freyens, Benoit & Gong, Xiaodong (2016), “Politics, The Judiciary and the Arbitration of Unfair Dismissal Disputes”, Centre of Law and Economics, Australian National University, Act. 200.
  5. Robertson, Nicholas (2018), “Labour and Employment Disputes Review”, the Law Reviews, Vol. 81.
  6. Shelley, Marshal & Mitchell, Richard (2009), “Corporate Governance and Labour Law: Situating Aurtralia’s Regulatory Style”, Asia Pacific of Human Resources, Vol. 47, No.2.
  7. Southney, Kim (2015), “Unfair Dismissal for Aurtralian Workers: The hundred years journey”, Asian Academy of Management Journal, Vol. 20.

 

  1. C) Resolutions
  2. ILO Convention (No. 156)
  3. ILO Convention (No. 158)
  4. ILO Recommendation (No. R. 166)

 

  1. D) Acts
  2. Fair Work Act 2009
  3. Work Choices Act 2005

 

  1. E) Websites
  2. Fair work. Laws. Unfair Dismissal, (2009), “User Guide to the Fair Work Act”, available: Http://www.austlii.edu.au/
  3. Goot, Robert, Chambers, State, (2016), “Unfair Dismissal in Depth”, available: State Chambers. net
  4. Guidice, Geoff, (2015), “The Right to Strike in Australia”, Centre of Employment And Labour Relation Law, available: http:// www. Ilera2015. com
  5. Howe, Joanna, (2011), “The Evolution of Unfair Dismissal law In Britain And Australia, Why Do So Few Employess Get Their Jobs Back?”, Lecturer In Law, University of Adelaide, available: http://ora. ox.ac.uk/objects/
  6. Lawrence, Christopher, (2012), “Remedies on Termination of Employment”, available: www.ebc.com/wp-content/
  7. Voll, Gerry, (2005), “Case Studies in Unfair Dismissal Process”, Charles Sturt University, available: www..airaanz.asyd.edu.au

 

References in Persian:

- Articles

  1. Rostami, Vali & Ghobadi, Hossein (2018), “Distributive Justice, Efficiency and Termination of Employment Contract”, Public Law Studies Quarterly, Vol. 48, No. 1, pp. 65-83 (In Persian).
  2. Rostami, Vali & Ehsan, Akbari ( 2020), “An Investigation into the Legal Pathology of Labour Procedures in Iran”, Public Law Studies Quarterly, Vol. 50, No. 1, pp. 79-98 (In Persian).
Public Law Studies Quarterly
Volume 52, Issue 4
Winter 2023
Winter 2022
Pages 1779-1798

  • Receive Date 05 September 2020
  • Revise Date 31 December 2020
  • Accept Date 01 March 2021

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