Tuesday, November 19, 2019

Cases Essay Example | Topics and Well Written Essays - 750 words

Cases - Essay Example There is a set of outlined mitigating circumstances in terms of FWA, which should be taken into account in the process of considerations about an employee’s dismissal (the personal and economic situation of the employee, the employee’s unblemished record, genuine remorse and contrition). The article â€Å"Fair Work Australia: unfair dismissal, at the employer’s initiative and demotion† by Carol Andrades and Ryan Carlisle Thomas deals with the Fair Work Australia Full Bench decision, which is focused on the factors, which should be taken into account in the process of an employee’s dismissal. On the example of a pregnant woman, who had many difficulties in the process of her work, it is shown that the employer did not take into account her special needs and concerns and as a result, this woman experienced an efficient decrease in remuneration. The employer made an emphasis on an employee’s incompliance with the terms of the contract and the employee had to accept the repudiation. This case illustrates a harsh, unjust and unreasonable dismissal and the employee, who was awarded $25,821 compensation. Question: which factors should be taken into account in order to avoid an unfair dismissal of an employee? There is a need to focus on de facto and de jure agreement of a contract; the assessment of the contract repudiation, the â€Å"termination at the initiative of the employer† means and the cases, when a demotion constitutes a dismissal. The article â€Å"Social media dismissals: work/home dividing line blurred† by Joe Catanzariti deals with a role social media plays in the process of an employee’s dismissal. There is the first case, which deals with the employee, who posted a negative commentary on his Face book page about his employer. Fair Work Australia did not support an employee and a decision to fire

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