Unfair Dismissal Cases‪.‬

A significant element in the new industrial regime proposed by the Rudd Labor government is the restoration, to most employees, of a right of action against their employer for unfair dismissal. Available remedies are intended to include orders for reinstatement of employment and payment of monetary compensation. By 'unfair dismissal', I mean dismissal that is harsh, unjust and unreasonable. The unreasonableness might be substantive; that is, there was no reasonable basis for the employer's decision to dismiss. It might be procedural: the employer made the dismissal decision without following a fair procedure, such as giving the employee an opportunity to know the nature of the employer's concern and to explain any allegation of misconduct.