Course Content
Allocating work
1.1 Consult relevant groups and individuals on work to be allocated and resources available 1.2 Develop work plans and allocate work according to organisational requirements and operational plans 1.3 Develop and confirm performance standards and key performance indicators with relevant staff 1.4 Conduct risk analysis according to organisational risk management plan and legal requirements
0/4
Assess performance & provide feedback
2.1 Review performance management and processes according to legislation, organisational objectives and policies 2.2 Train participants in the performance management and review process 2.3 Conduct performance management according to organisational policies procedures and relevant timelines 2.4 Monitor and evaluate performance according to performance standards and key performance indicators 3.1 Provide informal feedback and coaching to staff 3.2 Advise relevant personnel, where performance is poor and take necessary actions 3.3 Document feedback according to the organisational performance management system 3.4 Conduct formal structured feedback sessions as necessary and according to organisational policy
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Manage performance follow up
4.1 Develop performance improvement and development plans according to organisational policies 4.2 Monitor underperforming individuals according to organisational policies 4.3 Respond to underperforming individuals, as required 4.4 Reinforce excellence in performance through recognition and continuous feedback
0/2
BSBLDR522 Manage people performance
About Lesson

Unlawful Dismissal vs. Unfair Dismissal: Key Differences

In Australia, there’s a crucial distinction between unfair dismissal and unlawful dismissal. Here’s a breakdown of the key features of unlawful dismissal rules and due process:

Unlawful Dismissal:

  • Focuses on Reason: Protects employees from dismissal for specific prohibited reasons outlined in the Fair Work Act 2009 (FW Act). These reasons include:
    • Temporary illness or injury
    • Union membership or participation in union activities
    • Making a complaint about workplace safety or discrimination
    • Exercising lawful workplace entitlements (e.g., parental leave)
  • Onus of Proof: The burden of proof falls on the employer to demonstrate the dismissal was not for an unlawful reason.
  • Remedies: If deemed unlawfully dismissed, an employee can seek remedies like reinstatement, continuity of employment (receiving pay as if they hadn’t been dismissed), or compensation.

 

Due Process:

  • Fairness & Procedural Requirements: Even if the reason for dismissal isn’t unlawful, the FW Act requires employers to follow a fair and reasonable dismissal process. This includes:
    • Providing a valid reason for dismissal
    • Giving the employee a chance to respond to the concerns
    • Offering the right to appeal the decision

 

Time Limits:

  • Unlawful Dismissal: Employees typically have 21 days from the dismissal date to lodge an application with the Fair Work Commission (FWC).

 

Additional Points:

  • Minimum Employment Period: To file for unfair dismissal (not unlawful), employees must generally have been employed for at least six months (twelve months for small businesses).
  • Legal Advice: For complex situations, consulting a lawyer specializing in employment law is recommended.

 

Resources:

 

Remember: Unlawful dismissal focuses on prohibited reasons for dismissal, while due process ensures a fair and reasonable dismissal process.