Unfair dismissal legislation has recently been re-introduced. Examine the case for and against unfair dismissal protection for employees in SMEs and employers and provide a summary of your findings. Essay Example
Title: Topic Questions
Topic 9 Q. 2
Workplace relation Act and Workplace relations Regulations 2006 (WRR) regulate the rights and responsibilities of most private sector Australian employers in relation with the termination of employment of employees. According to Rowena (2003), every of Australian States except Victoria, has industrial legislation that has protections against unlawful dismissal for employees given that the employees are not found in the classes that are exempted. Employees whose termination of employment has reasons that go against any of the range of anti-discrimination regulations can bring a claim or complain according to special regulation. Unlawful dismissal protection is available to all the employees of Australia.
Employees are not to be dismissed for reasons of freedom of association, discrimination, and absence from work for reasons of temporary injury or illness or whistle blowing. Common law permits an employee being dismissed after a specified period of notification. Unfair dismissal legislation has both the positive and negative sides to the employer and to the employee. Firstly, there are clear terms of contract hence a good rapport is bound to flourish between the employer and employee resulting to increased production. With the specified terms the employees is not overly worried about losing his job and consequently he concentrates on being productive in the company. This is good to both the employee and the employer (Arup, 2006).
In addition there is less time spend on legal battles because there are clear cut regulations on what should be done or what warrants dismissal and hence the employer and employee do not lose their money on legal battles. Holland and Burnett (2007) argue that exemption cases have also been stipulated and any one knows before hand if a dismissal is justified or not and moreover there are channels of seeking redress in case of breach of the law by both or any of the two parties. The legislation guards the employee from the wrath of employers who are tyrannical and who takes advantage of situations to get back to the employees. So long as there is a specified contract between the employer and the employee, the employer is bound to respect the terms of service until such a time he will have a concrete reason that is legitimate for s terminating employment (Rowena, 2003).
This legislation gives an opportunity of their being a very mutual understanding between the employer and the employee that will foster innovation and creativity on the part of the employee. Despite this legislation having a positive side, it has also the negative side. In the first place it overburdens the employer with unnecessary caution and makes him lose focus as the controlling party in the employee-employer relationship (Lloyd-Reason, 2007). For fear of being caught on the wrong side of the law the employers are extra careful and they do not rash to deal with errant employees who may be causing the company losses. They have to make sure they are within the law hence constant consultation with their lawyers is required making the firm to spend a lot of many on legal fee owing to long hours of consultation. Some employees also are capable of taking advantage of the situation knowing very well that they cannot be dismissed hence causing the company to lose in terms of production (Longenecker & Loeza, 2010).
The employer on the other hand can take advantage of employees who are still not aware of this legislation. Besides some employers have unscrupulous ways of operating to the disadvantage of the employee. In some circumstances, the employee will always remain a casual worker despite working in the organization for long. Some employees change the work number of the employee from time to time so that he remains on casual basis and can be dismissed anytime without any breach with the law. Trade unions have also registered negative influences of the industrial action provisions on the resources of the union. What is common is the increased legalism of industrial action. Manpower involved in notices preparation for the intention to take industrial action and complexity of procedure resulted into time and money being lost (Longenecker. et al., 2009).
Topic 11, Q. 2
Bonfire is an online community providing support and help for entrepreneurs and small business owners. Founded by Alyssa Gregory, the community emphasizes on collaboration between the owners of small businesses. The Small Business Bonfire poses a challenge to entrepreneurs to point out and be specific about what is not going right for the business and to revise their operation for attainment of success Stokes (2010). The community members are accessible to an increasing social network of other talented and passionate entrepreneurs who in turn share experiences, offer business advice and exchange ideas. The members access Red Hot Tool of the week which points out new productivity, internet, social media and any other business-related tools put to test by the Small Business Bonfire team. Members are also entitled to access a collection of reports, Small Business Library, tip sheets guides, worksheets, swipe files, tools and forms that are submitted by other Small Business Bonfire members (Moore, 2008).
Alyssa Gregory put up the site owing to the fact that she drew a lot of inspiration by the guidance, advice and support she got from other small business owners when starting her owner first business. The owners of small businesses can gain from the support they obtain from other entrepreneurs who got into the field before they and they have some advice and experience to share. Such kind of social network increases visibility. According to Landström (2009) if the business establishes a presence on the internet and use social media tools actively it becomes more visible to potential and current customers. It also increases awareness. The entrepreneurs are able to track what is being said about their business and it helps in fixing mistakes and improving productivity. More importantly it increases relevance. Social network help the entrepreneur to remain current and keep his finger on the pulse of the business world (Silver, 2009).
Barrett, Rowena 2003, Small business and unfair dismissal. Journal of Industrial Relations, volume 45, number 1, pages 87-93.
Arup C., 2006, Labour law and labour market regulation: essays on the construction, constitution and regulation of labour markets and work relationships, Federation Press, New York.
Holland J. & Burnett S., 2007, Employment Law, Oxford University Press, Oxford.
Longenecker J. G. et al., 2009, Small business management: launching and growing entrepreneurial ventures, Cengage Learning, London.
Longenecker, J. G.,& Loeza M.T., 2010, Small business management, Cengage Learning, London.
Moore C. W., 2008, Managing Small Business, Edition14, Cengage Learning EMEA,
Landström H., 2009, Pioneers in Entrepreneurship and Small Business Research, Springer, NY.
Silver D., 2009, The Social Network Business Plan: 18 Strategies That Will Create Great Wealth, John Wiley and Sons, NY.
Lloyd-Reason L., 2007, Trading places—SMEs in the global economy: a critical research handbook.Edward Elgar Publishing, Northampton.
Stokes D. et al., 2010, Entrepreneurship, Cengage Learning EMEA, London.
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