Report On Unfair Dismissal Rights Post The Workchoices Reforms

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Employees from corporations regardless of workforce size; cannot bring an unfair dismissal claim against the employer if the termination is of genuine operational reasons. Removal of the ‘No Disadvantage’ test will also limit the grounds of what the employees can rely on to bring about such claims...
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Removal of the ‘No Disadvantage’ test will also limit the grounds of what the employees can rely on to bring about such claims. Lastly, remedies available now are mostly compensation instead of reinstatement. 2.2.1. Key Reforms 2.2.1.1. 100 – Employee Cap (a)Cantanzarti (2006) states that an employee cannot make an unfair dismissal claim if engaged by a corporation that employed 100 employees or fewer at the ‘relevant time’: see ss 639(1)(b)(ii), 643(12)(a) and 643(10)...
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