Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 652

             (1)  If:

                     (a)  the Commission has issued a certificate under subsection 650(2) regarding conciliation of an application relating to a termination of employment; and

                     (b)  the applicant has made an election under subsection 651(1), (2), (3) or (5) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable;

the Commission may so proceed to arbitrate the matter.

             (2)  Neither the making of an election under subsection 651(1), (2), (3) or (5) to proceed to arbitration nor the commencement of that arbitration prevents further conciliation of the matter being attempted, or the parties from settling the matter, at any time before an order is made under section 654.

             (3)  In determining, for the purposes of the arbitration, whether a termination was harsh, unjust or unreasonable, the Commission must have regard to:

                     (a)  whether there was a valid reason for the termination related to the employee's capacity or conduct (including its effect on the safety and welfare of other employees); and

                     (b)  whether the employee was notified of that reason; and

                     (c)  whether the employee was given an opportunity to respond to any reason related to the capacity or conduct of the employee; and

                     (d)  if the termination related to unsatisfactory performance by the employee--whether the employee had been warned about that unsatisfactory performance before the termination; and

                     (e)  the degree to which the size of the employer's undertaking, establishment or service would be likely to impact on the procedures followed in effecting the termination; and

                      (f)  the degree to which the absence of dedicated human resource management specialists or expertise in the undertaking, establishment or service would be likely to impact on the procedures followed in effecting the termination; and

                     (g)  any other matters that the Commission considers relevant.