I first came across the “unfair dismissal” in the mid 1980’s. However, it was in a unionised environment, and the unions used the dispute notification mechanism within the legislation of the time. Whilst at VECCI, in the mid to late 1990’s, a large part of my budget was derived by defending employers against such claims under the new 1996 Act. The hard part was advising employers of the “commercial reality of “settling” such claims (ie pay blood money or legal costs – your choice).
But my overall fascination is why a person would put themselves through the stress and potential reputational harm by using this facility, instead of just “moving on”. The only answer is the “no-win, no-fee lawyers” spruiking such services. [Hint to potential applicants: most of the money goes to the lawyers].
Unfair dismissal claims 1997 to 2014
| Year Ending | Applications | Legislation (Commonwealth) |
| 1997 | 10621 | Workplace Relations Act 1996 |
| 1998 | 8092 | |
| 1999 | 8146 | |
| 2000 | 7498 | |
| 2001 | 8109 | |
| 2002 | 7461 | |
| 2003 | 7171 | |
| 2004 | 7024 | |
| 2005 | 6707 | Workplace Relations Amendment (Work Choices) Act 2005 |
| 2006 | 5758 | |
| 2007 | 5173 | |
| 2008 | 6067 | |
| 2009 | 7994 | |
| 2010 | 14366 | Fair Work Act 2009 |
| 2011 | 14342 | |
| 2012 | 14027 | |
| 2013 | 14818 | Fair Work Amendment Act 2012 |
| 2014 | 14797 | Fair Work Amendment Act 2013 |
| TOTAL | 168,171 | “That’s $16,817,100,000 folks” |
I am more than happy to provide advice on such matters, to avoid your organisation becoming an “unfair dismissal” statistic.
Greg Reiffel Industrial Relations & Human Resources Consulting has been providing the following services to businesses for over 30 years:
- General HR and IR advisory service.
- Fair Work Commission representation (eg unfair dismissals, adverse actions, etc.).
- Workplace investigations and mediations.
- Policies and procedures.
- Discipline & Termination.
- People Audits (are you at risk of prosecution?).
- Enterprise Agreements, Contracts of Employment, Individual Flexibility Agreements.
- On-site HR services.
Contact Greg on 0438 906 050 or mailto: greg@gregreiffelconsulting.com.au.
