Topic - Redundancy and Unfair Dismissal
On the basis of your reading (attached), try to answer the following questions:
1. How are ongoing employment contracts different from fixed term contracts? Explain.
2. How much termination notice must an employer give to an employee if the employee had been employed for five and half years? Is it possible for an employment contract to stipulate a longer notice period? (See Section 117 of the Fair Work Act).
3. Do termination notice periods apply to the following types of employees?
(a) Casuals
(b) Employees who are employed for a specific task
(c) Employees who are dismissed because of serious misconduct
4. Employment contracts may be terminated without notice in response to a serious breach of contract. This is called 'Summary Termination' or 'Summary Dismissal'. Describe two scenarios where summary dismissal would be justified.
5. What are the situations where parties can terminate their employment contract by mutual consent?
6. An employment contract may become frustrated. What does this mean? Provide an example of frustration.
7. What is the legal definition of a redundancy?
8. How much redundancy pay must an employer pay an employee if the employee had been employed for 6 years? (See section 119 of the Fair Work Act)
9. Is it possible for an employer to ask the Fair Work Commission to reduce the amount of redundancy pay if the employer is unable to pay? Explain.
10. Are employees terminated when a company goes into voluntary liquidation or compulsory liquidation?
11. Joe has been employed by your company for 20 years, his work effort has been slipping of late, and you have taken him through a process to get him to lift his efforts, but with little or no effect. You decide that you need to terminate his employment. What must you do to ensure you are complying with relevant laws?
Note - Need to answer 11 Questions, 2-3 lines for each question, if possible please provide example.
Attachment:- Assignment File - Reading.rar