Abstract:
The Workplace Relations Act 1996 provides statutory protection against unfair dismissal for
employees under federal jurisdiction. This research involves an empirical analysis of decisions
dealing with complaints of unfair dismissals under this legislation over a 4-year period to
determine thefactors associated with arbitrators' (Commissioners employed by the Australian
Industrial Relations Commission) decisions to uphold or deny complaints and to award a
particular remedy.
Research findings conclude that that certain variables significantly influence the decisions of
arbitrators. It also confirms the fear of some legal experts that lack of procedural fairness will
notfeature as significant variable in the unfair dismissal equation because of the lesser emphasis
placed on it by this legislation in contrast to its predecessor (Industrial Relations Reform Act,
1993).
This research will prove useful to the main stakeholders (employers, HR/IR managers,
employees, government, employee advocates, unions, employer associations, arbitrators and
academics) of the employment relations scene.
