Fair Work Case Study

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

The employer must conduct an internal investigation by interviewing the parties involved and witnesses. The article also mentions the 1964 Civil Rights Act and the Age Discrimination Act of 1967 to explain the root of the guidelines, and gives further analysis using different clarification approaches to clarify the legal concerns involved. In order to describe prevention methods, the article straightforwardly states what a manager prerequisites. Training and informing the employees is the law. The article’s approach and statements mentioned how to deal with legal matters and to make sure that they are valid. Managing harassment and discrimination problems is not only a responsibility, but also makes good business sense. Maintaining a workplace free of discrimination and harassment by doing whatever is necessary to prevent complaints from occurring in the first place, and stopping them before they reach the level of lawsuits are acceptable methods of dealing with legal issues.

Belton, R. (2004). Employment discrimination law: cases and materials on equality in the workplace. Thomson/West

Prevent discrimination: support equality – This sector of the act explains where discrimination is most likely to occur in the workplace and how to stop it happening

Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as.

1. Explain how legislation and codes of practice relating to equality, diversity and discrimination apply to own work role

The Equality Act (2010) is thought to be one of the most significant acts in promoting anti discriminatory behaviours by both employers and companies along with the rest of society. The Equality Act (2010) covers the Sex discrimination act, race relations act and also the disability discrimination and 6 other acts and regulation all in one and so this make it easier for everyone to understand their responsibilities and shows them how everyone is entitled to dignity and respect and gives individuals, greater protection from discrimination and to protect and also promote a fair and equal society (please see reference below).

As someone who is passionate about issues of social justice; who enjoys engaging in a healthy debate; and whose life experiences have fostered an appreciation for legal protection, I am drawn to the academic study of law. Since graduating from my first degree, I have held a variety of jobs including some within the food service industry. It is in fact through my experience working in a field unrelated to law that has reinforced my interest in the study and practice of law. While employed as a waitress, I witnessed countless cases of employers unlawfully deducting workers' wages; ignoring workplace harassment; and refusing to acknowledge an employee's right to take breaks. Having personally submitted an employment-standards claim to the Ministry of Labour, I know how much time is involved in filing a claim against an employer.

Since the year 1991, enterprise bargaining has always grown in importance. Fair work act 2009 plays a vital role in development of bargaining rules. The pathway through which the legislation seeks to encourage enterprise level’s collective bargaining is by authorizing Fair work Australia (FWA) to enable ease in making of enterprise arguments and good faith in bargaining. Through a couple of mechanisms, the part 2-4 of the FW act provides support in initiating and throughout the bargaining process (Forsyth et al. 2012). The main objective of the Fair Work Act 2009 include attaining appropriate output and impartiality in the organizational level which is supported by faith bargaining obligations. Most importantly, avoiding

1. The purpose of the Fair Labor Standard Act is to give everyone a minimum hourly wage, equal pay to all employees. For example, before doing overtime the employers need to his/she minimun hours and then they will get the overtime.

This paper explores the discriminatory practices of employers. In this paper I explain what employment discrimination means and how a business can violate an employee’ rights. Some of those rights that I explore are age discrimination, race and color discrimination, and discrimination based on sex, one’s gender. As I explain the two theories of disparate treatment and disparate impact, I support those with several case laws for further understanding of those laws. Knowing that these laws heavily affect business decisions, I propose a solution that many businesses are using and that some may need to start using. The proposed solutions seek to explain why it can alleviate the distrust and fear of the laws for businesses.

The rights of this casual worker were also broken which were Anti-Discrimination, Unfair Dismissal which will all be addressed below. For the purpose of this report, only rights relating to this case will be detailed below.

The ease at which a lawyer can manipulate a contract is aggravated by the incapacity of the worker to understand and contest a contract. The worker seldom drafts contractual terms and there is largely unsupported evidence to suggest that workers would knowingly classify themselves as an independent contractor. As the unanimous decision in Autoclenz rightly identifies, albeit in a different industry, employers are in a “position to dictate the written terms which the other party has to accept”. In some ways, using contracts to determine the legal relationship in this context is inherently flawed when one considers the fundamental inequality in bargaining power between an employer and worker in what is viewed as an asymmetrical relationship. That is to say, inequality in bargaining power makes it easier for lawyers to draft contracts in an organisation’s favour. The Lords unanimously upheld the decision of Aikens LJ in the Court of Appeal, and his determination that the inequality of bargaining power should result in a different approach to the contract. Contradicting this view, Peter Bosa in his submission to thr ABCC Inquiry argues that such a suggestion is “paternalistic”, and that in fact workers “are very good at looking out for themselves”, because without workers, they can have no business. His support for the common law test is that it is both entrenched and the “most reliable method”. Yet, Dr Underhill’s research on the industry found that the businesses

In 2006, the Howard governments WorkChoices laws came in to effect. Employees saw this as opportunity to remove unfair dismissal protection, while reducing employee entitlement, removing the independent industrial arbitrator and ultimately weakening trade union muscle. (Wilson & Spies-Butcher 2011) In 2006-07, a critical movement came with the ACTU’s ‘Your rights at work’ campaign. The campaigns objective was to build enough opposition to WorkChoices in order to defeat the government during the 2007 election. It

The industries in Australia have a number of organisations operating in them. These organisations have a large number of human resources which are involved in the various business functions of the organisations. The relationship between these human resources with each other and the management of the organisations is very important for the success of the business. This requires the establishment of a number of laws, legislations and regulations which manage the industrial relations in the various organisations operating in Australia. These laws and regulations are established in the country by the government and various other regulatory bodies in both public and private sectors. This report is a comparative analysis of such two legislations established in Australia which had a lot of impacts on the industrial relations in the country. The Fair Work Act passed in the year of 2009 and the Workplace Relations Amendment (Work Choices) Act passed in the year of 2005 are the legislations under consideration. The report compares a number of elements of both the legislations and determines the comparative effect of both the legislations on the