Essay on Employment Law in Australia Example | Topics and Well Written Essays - 2000 words

On Employment Law in Australia - Essay Example It may not have been the intention of the employee to depict the scenario that has been adopted by the employer in the situation. In so doing, the employee lacks the forum to explain his or her actions leading to an unfair dismissal that could have been averted had proper investigations be done. Several reasons that employers issue are common grounds for unfair dismissal and infringement of statutory employment rights that each employee is entitled to according to Ford, Notestine, and Hill (2000). A common cause of unfair dismissal is when an employee makes a public interest disclosure (Stewart, 2011) as seen in the case of Andrea who disclosed information that was of public interest but was not necessarily related to the company's operational information. In order to seek fairness in the termination of her employment, Andrea sought to bring a lawsuit against the company in light of common law actions which are lawsuits governed by the general principles of law derived from court dec isions. Andrea is allowed to approach a court of law and initiate a lawsuit against her employer in which she will seek to show that her actions were in no way intended to cause harm to the organization but merely to inform her friends about the impending danger that may be encountered when one leaves their valuables near unlocked doors. It is allowed that a case be heard in the civil court before a tribunal that will determine whether the employee had been dismissed unfairly and even if the dismissal was justified, it will determine whether the nature in which it was done was appropriate and fair to the employee. Andrea is allowed in court to demonstrate the fact that the email she sent to her friends was only meant to warn them about the dangers she herself had encountered in her home so that they can take better care of their belongings in their houses. She can also demonstrate that the email was only sent to the members of staff within the company and not to outsiders as a means of trying to warn and protect her fellow staff members out of concern for their safety. It would only be natural for a person to try and warn her fellow staff members taking the lesson out of her own personal experiences. This is a common concept that is employed by any person who has the best interest of others at heart and would wish to be also warned in the same manner. Ideally, she may also have believed that email was one of means she could have used to reach many people within a short time. This may have been the only motivating factor that made her resort to the use of the medium and not any other construed ideologies that the company may have indicated. This is the information that Andrea did not get to share with her employers before she was dismissed; an explanation that could have cleared up issues. The depiction of the colored arm in her email may work against her because it is perceived as a gesture of racism. This may work against her considering that the company has got a specific policy on racism. It has clearly stipulated that one may not display or transmit sexually explicit images, messages or cartoons or email communications that may contain ethnic slurs or anything that may be construed as harassment or discredit others based on their national origin, race, sex, age, disability, sexual