Trends in termination of employment

Cases

Trends in termination of employment

During 1997, 7,464 applications under the termination of employment provisions of the federal Workplace Relations Act (1996) were filed in the Australian Industrial Relations Commission (AIRC).

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During 1997, 7,464 applications under the termination of employment provisions of the federal Workplace Relations Act (1996) were filed in the Australian Industrial Relations Commission (AIRC).

Of those applications:

  • 1,760 (24%) were waiting for conciliation;
  • 184 of the applications had been dismissed on jurisdictional grounds;
  • 1,063 had been withdrawn or discontinued prior to conciliation;
  • 2,941 were settled by conciliation; and
  • 1,516 were unable to be settled at conciliation.

Of the 1,516 applications which were unable to be settled by conciliation, 33 claimed unlawful termination and the remainder claimed unfair dismissal. Only 154 of these applications were arbitrated, 650 of the applications were finalised after conciliation but prior to arbitration and 679 applications were waiting to be arbitrated.

Figures indicate that of the 154 unfair dismissal applications arbitrated by the AIRC 64% were decided in favour of the employee and 36% in favour of the employer.

Federal and State applications

There was a 49% drop in applications in the federal jurisdiction for 1997 compared with the previous year. Numbers of applications under the various State systems increased during 1997 except in Queensland. Overall, the combined total of federal and State applications decreased by about 18% for 1997 as compared to 1996.

The above figures have been taken from the Workplace Relations Act Monitor, December 1997 Quarter report released by the Department of Workplace Relations and Small Business.

 

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