The law has been highly responsive in achieving justice for employers and employees in the workplace in regards to termination of employment. The legal system has been highly effecting in achieving a fair and just outcome through responding to the changing values and ethics of society, and thus reflecting these standards in legislation and other legal measures. The responsiveness of the legal system is evident through the legislative framework which seeks to achieve a just outcome for claims of unfair dismissal, and the entitlements and benefits of both retired and retrenched employees.
The legislative framework governing workplace dismissal created by the Howard Government was only partially effective as it was unable to achieve a just and …show more content…
The main aim of the Fair Work Act 2009 (Cth) was to provide a balanced framework for co-operative and productive workplace relations and promote national economic prosperity and social inclusion for Australians. The Act was able to achieve justice as it successfully responded to the concerns of the Australian public in regards to dismissal laws that had featured in Work Choices. Moreover, the creation of the Fair Work Commission and the Fair Work Ombudsman were highly effective as they ensured that a just outcome would be achieved through resolving dispute regarding termination in the workplace. The Fair Work Commission is highly effective in achieving justice for employees who have been dismissed, as it must respond to any compliant of unfair dismissal. However, the current dismissal laws have been criticized, as highlighted in the article “Most claims for wrongful dismissal unsuccessful” (SMH, 2013), as they are seen to put pressure on the employer to settle the dispute and that many of the decisions of the Fair Work Commission are unable to achieve a just outcome for employees as 80% of unfair dismissal claims result in a payment of less than $8000. Despite this, most claims of wrongful dismissal are successfully resolved by the FWC, or if necessary the Courts, which allows for a …show more content…
A person is retired when they voluntarily leave a job, generally due to age or health issues, and this is best protected through the Age Discrimination Act 2004 (Cth), which ensures that person will not be forced into retirement because of their age. This was able to achieve justice for older employees as it prevented them from being forced out of the workforce, regardless if they wanted to work or not. In order to achieve justice for retired employers and employees, superannuation and/or the age pension ensure that they have an income to support their daily lives. Superannuation is protected by the Superannuation Guarantee Charge Act 1992 (Cth), which makes it compulsory for the employer to contribute at least 9.5% of the employee’s earnings to their super fund. These funds then become available to the retired person when they reach the age of 55 in most cases. However, the government has been criticized for its lack of responsiveness, as stipulated in the article “Superannuation Alert; $1 million isn’t enough to retire in comfort” (SMH, 2015), which highlights the need for a legal response as many people now have to work past the retirement age in order to have a comfortable retirement. In this regard, the legal system has not been able to achieve a just outcome for retired employees, as it was unable to effectively respond. Therefore, whilst the law has provided protections for
The legislative framework governing workplace dismissal created by the Howard Government was only partially effective as it was unable to achieve a just and …show more content…
The main aim of the Fair Work Act 2009 (Cth) was to provide a balanced framework for co-operative and productive workplace relations and promote national economic prosperity and social inclusion for Australians. The Act was able to achieve justice as it successfully responded to the concerns of the Australian public in regards to dismissal laws that had featured in Work Choices. Moreover, the creation of the Fair Work Commission and the Fair Work Ombudsman were highly effective as they ensured that a just outcome would be achieved through resolving dispute regarding termination in the workplace. The Fair Work Commission is highly effective in achieving justice for employees who have been dismissed, as it must respond to any compliant of unfair dismissal. However, the current dismissal laws have been criticized, as highlighted in the article “Most claims for wrongful dismissal unsuccessful” (SMH, 2013), as they are seen to put pressure on the employer to settle the dispute and that many of the decisions of the Fair Work Commission are unable to achieve a just outcome for employees as 80% of unfair dismissal claims result in a payment of less than $8000. Despite this, most claims of wrongful dismissal are successfully resolved by the FWC, or if necessary the Courts, which allows for a …show more content…
A person is retired when they voluntarily leave a job, generally due to age or health issues, and this is best protected through the Age Discrimination Act 2004 (Cth), which ensures that person will not be forced into retirement because of their age. This was able to achieve justice for older employees as it prevented them from being forced out of the workforce, regardless if they wanted to work or not. In order to achieve justice for retired employers and employees, superannuation and/or the age pension ensure that they have an income to support their daily lives. Superannuation is protected by the Superannuation Guarantee Charge Act 1992 (Cth), which makes it compulsory for the employer to contribute at least 9.5% of the employee’s earnings to their super fund. These funds then become available to the retired person when they reach the age of 55 in most cases. However, the government has been criticized for its lack of responsiveness, as stipulated in the article “Superannuation Alert; $1 million isn’t enough to retire in comfort” (SMH, 2015), which highlights the need for a legal response as many people now have to work past the retirement age in order to have a comfortable retirement. In this regard, the legal system has not been able to achieve a just outcome for retired employees, as it was unable to effectively respond. Therefore, whilst the law has provided protections for