Resignation: An Industrial Relations Perspective
Thousands of Australians retire / quit from their job every week. Employees cite a number of reasons for resigning. For example, some believe they were worked too hard, others aren’t happy with the hours they are given, and some believe that they were forced to resign for some reason.
Employees should understand that a constructed dismissal means you are essentially forced out by the employer in some way; sometimes, employers will make the situation even more difficult for the employee by giving them the option of resigning or being dismissed. Sometimes, the employee genuinely deserves to be terminated, and the offer to resign is a welcome one. However, at other times, the employer wants to get rid of the employee and essentially backs them into a corner; they make it extremely difficult for the employee to stay at the company, and so when the employee gets the offer to either resign or be dismissed, they feel they are in between a rock and a hard place. Do they resign and save some face, or do they stand their ground and be dismissed? If the employee resigns, it is much harder to run a successful unfair or unlawful dismissal claim than if an employee is dismissed.
Industrial relations laws are clear, in order to lodge a constructive dismissal claim, were you forced to resign or not? What constitutes a constructed dismissal or a forced resignation? For example, if you are being sexually harassed in the workplace or, if the employer has taken away your company car so you can’t get to work, or if the employer engages in any other behaviour which makes it next to impossible for you to remain in the workplace, this would constitute a constructed dismissal or forced resignation scenario. Even though you resigned, were you forced out of the business? If the answer is yes, your case may constitute a constructed dismissal. |
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It is common knowledge that illegal drug use has become a significant issue amongst young people. This affects not only their personal lives but also their behaviour in the workplace.
This appears to be the case particularly with young women. While the illegal drug use does not necessarily occur in the workplace or during work hours, it will still affects someone’s ability to perform in the workplace. Health issues associated with drug use may lead employees to take time off or they may not be in the right mental or physical condition to adequately perform their job duties.
This is turn raises issues of Occupational Health & Safety and industrial relations policy.
Should employers have a right to drug test their employees? After all, Occupational Health & Safety legislation in most states imposes criminal sanctions on the employer should they breach Occupational Health & Safety standards. Companies don’t want to leave themselves open to such a risk.
The Occupational Health and Safety Act 2004 (Vic) for example, states that employers have a duty to monitor the health of employees. Consider this scenario: a young woman enters her workplace (a supermarket). She is obviously visibly affected by illegal drugs, but the employer allows her to carry out her duties. She climbs a ladder to reach the top shelves, and due to her weakened physical state, she falls off the ladder, hits her head on the ground and suffers severe head injuries. Is the employer liable? Industrial relations laws are challenged all the time over the alledged unfair dismissal of an employee who took drugs in their own time. Apart fromn yor own health, you have to think of the consquences and try and protect and keep your job.
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Smoking is permitted in outside areas as long as the area is not substantially enclosed; in New South Wales, Victoria and the Australian Capital Territory, you are not allowed to smoke in an outdoor dining or drinking area if the total actual are of the wall surfaces is more than 75% of the total notional wall area. This means that smoking is banned from any restrooms, carparks, cafeterias, staffrooms, stair wells etc which are substantially enclosed. For more information on smoking in the workplace, consult the following websites:
http://www.health.vic.gov.au/tobaccoreforms/workplaces.htm
http://www.seton.net.au/smokingban/legislation.cfm
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