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Unfair Dismissal Law and Work Choices: From Safety Net Standard to Legal Privilege

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  • Anna Chapman

Abstract

This article examines the amendments made to the Australian system of unfair dismissal law by the federal Work Choices Act. The main theme underlying those changes is one of contraction. Notably, a much larger proportion of the Australian labour force will now not have recourse to challenge their dismissal on the basis that it was “harsh, unjust or unreasonable†. This is the effect of the Work Choices exemption of corporate employers with up to 100 employees, the operational reasons exemption, the exemption of seasonal workers and the extension of the qualifying period from three to six months. It is also the effect of moving towards a national system of unfair dismissal.

Suggested Citation

  • Anna Chapman, 2006. "Unfair Dismissal Law and Work Choices: From Safety Net Standard to Legal Privilege," The Economic and Labour Relations Review, , vol. 16(2), pages 237-264, May.
    • Handle: RePEc:sae:ecolab:v:16:y:2006:i:2:p:237-264
    DOI: 10.1177/103530460601600211
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    References listed on IDEAS

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    1. Stewart, A, 2005. "A Simple Plan for Reform? The Problem of Complexity in Workplace Regulation," Australian Bulletin of Labour, National Institute of Labour Studies.
    2. Howe, J & Mitchell, R & Murray, J & O’Donnell, A & Patmore, G, 2005. "The Coalition’s Proposed Industrial Relations Changes: an Interim Assessment," Australian Bulletin of Labour, National Institute of Labour Studies.
    3. Benoit Freyens & Paul Oslington, 2007. "Dismissal Costs and Their Impact on Employment: Evidence from Australian Small and Medium Enterprises," The Economic Record, The Economic Society of Australia, vol. 83(260), pages 1-15, March.
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    Cited by:

    1. Benoit P. Freyens, 2011. "Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone," ILR Review, Cornell University, ILR School, vol. 64(3), pages 576-598, April.
    2. Colin Fenwick, 2006. "How Low Can You Go? Minimum Working Conditions under Australia's New Labour Laws," The Economic and Labour Relations Review, , vol. 16(2), pages 85-126, May.

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