Question in regard to new IR Laws
Thread Starter
Question in regard to new IR Laws
Saw on the news and on the 730 report that under the new IR laws an employee with a company who has less than 100 empoyees can be fired for "Operational Reasons" Howard has also fielded questions on this in Question time recently.
The ACTU are claiming that this will encourage rouge employers to fired people who don't tow the line.
So what would happen under the new IR if you were told to fly an aircraft overloaded and refused. You then get fired for operational reasons what comeback do you have?? YOu can't challenge the employer on unfair dismissal so do you have to take it up with CASA and get them to act??
You endorse an MR with a defect, so the boss fires you for operational reasons what can you do???
The ACTU are claiming that this will encourage rouge employers to fired people who don't tow the line.
So what would happen under the new IR if you were told to fly an aircraft overloaded and refused. You then get fired for operational reasons what comeback do you have?? YOu can't challenge the employer on unfair dismissal so do you have to take it up with CASA and get them to act??
You endorse an MR with a defect, so the boss fires you for operational reasons what can you do???
Join Date: Mar 2001
Location: Dunnunda & Godzone
Age: 74
Posts: 4,275
Likes: 0
Received 0 Likes
on
0 Posts
Nev, Whilst I will not express an opinion on the proposed IR reforms, isn't the scenario you describe which you feel may occur under the proposed reforms, exactly what occurs under the current legislation????
Woomera
Woomera
Thread Starter
As I understand we currently have unfair dismissal laws so you could challenge a dismissal on those grounds. What do you when all these have been removed?? I don't have the answer so that is why I am asking.
Silly Old Git
The unfair dismissal laws still apply to companies employing over 100 staff.
In whatever case you will require a lawyer to pursue the matter.
Hiring lawyers is dumb.
In whatever case you will require a lawyer to pursue the matter.
Hiring lawyers is dumb.
Join Date: Oct 2005
Location: Brisbane, Australia
Posts: 115
Likes: 0
Received 0 Likes
on
0 Posts
You all just convinced me not to go in the civil direction
ADF here i come!!!
jacob.
actually i just realised something.... maybe its howards plan, no job prospects in civil so join his army.
ADF here i come!!!
jacob.
actually i just realised something.... maybe its howards plan, no job prospects in civil so join his army.
Join Date: Sep 2000
Location: UAE
Age: 48
Posts: 447
Likes: 0
Received 0 Likes
on
0 Posts
The proposed changes are to do with unfair dismissals - where there are differing opinions on why the person was fired.
There are no changes to illegal dismissals. If you are fired because you woudn't break the law, that is illegal, not unfair.
Note the subtle difference - not that I am a supporter one way or another.
Cheers,
NFR.
There are no changes to illegal dismissals. If you are fired because you woudn't break the law, that is illegal, not unfair.
Note the subtle difference - not that I am a supporter one way or another.
Cheers,
NFR.
Join Date: Mar 2001
Location: Dunnunda & Godzone
Age: 74
Posts: 4,275
Likes: 0
Received 0 Likes
on
0 Posts
NFR is correct. Legal remedies will exist for any dismissal which occurs as a result of failing to carry out an illegal act.
I suggest you read the literature which is available from both sides of the debate and form your own opinion. The reforms are not only about dismissal, but reform and simplification of the existing estimated 25,000 State and Federal Awards, EBAs, AWAs etc.
If the current plethora of State and Federal Awards are ideal employment instruments for both employers and employees, why are there thousands of registered EBAs and AWAs designed to provide workplace flexibility outside and above the traditional Award structure???
Woomera
I suggest you read the literature which is available from both sides of the debate and form your own opinion. The reforms are not only about dismissal, but reform and simplification of the existing estimated 25,000 State and Federal Awards, EBAs, AWAs etc.
If the current plethora of State and Federal Awards are ideal employment instruments for both employers and employees, why are there thousands of registered EBAs and AWAs designed to provide workplace flexibility outside and above the traditional Award structure???
Woomera
Last edited by Woomera; 7th Nov 2005 at 10:09.
Join Date: Jan 2001
Location: Australia
Posts: 725
Likes: 0
Received 0 Likes
on
0 Posts
.....and you haven't looked too hard at the military either. Think they will look after you better than a civvy employer?
Maralinga tests. Vietnam vets. Agent orange. HMAS Sydney. F111 fuel tank resealing. Duntroon b@astardisation.
Don't believe all that the glossy brochures have to say..............
Maralinga tests. Vietnam vets. Agent orange. HMAS Sydney. F111 fuel tank resealing. Duntroon b@astardisation.
Don't believe all that the glossy brochures have to say..............
Last edited by Woomera; 7th Nov 2005 at 10:42.
