Employment Law for Managers ( See Assignment Criteria ) Essay

Employment Law for Managers ( See Assignment Criteria ) - Essay Example For one to be eligible to the claim that employee must have completed the qualifying or probationary period if the employer is small business type or six months in case the employer is a large enterprise (FWA, 2009). Claims are normally made to the Fair Work Australia and this should be within 14 days of being dismissed is the dismissal is unfair. This matter is then put to review by the conciliation conference where most of the issues that are involved in the case are normally resolved between the two feuding parties. If not solved at this level, then the applicant reserves the right to request for a proceeding of the case to a further full hearing (Elizabeth, 2009, pp.1-4). Unfair dismissal occurs if the FWA is convinced that the worker has actually been dismissed; it was harsh or unreasonable; was inconsistent with Small Business Fair Dismissal Code; and that it was not genuine redundancy case. Dismissal is simply the termination of one’s employment at the will of the employer and this does not include demotion. It also does not include a reduction from the person’s salary or duties in a significant manner and the person still is employed by the employer that did effect the demotion. In accordance with the current provisions various matters would be considered while addressing the issues of whether a given dismissal was harsh, unjust or unreasonable. These considerations do include taking into account the reason for dismissal and whether this was valid or not for that dismissal that is duly related to the capacity of a given person or his/her conduct; in case that person being dismissed was actually given notice of the reasons that pertain to his or her dismissal; whether such a dismissed person was given a reasonable chance or opportunity to lodge a response to any of the reasons put forward that are related to the conduct or capacity of the person; if there are any unreasonable refusal by the person’s