25 February 2008

WorkChoices wording makes sackings easier: report

A new report has found a slight difference in the wording of workplace laws has given employers more opportunity to restructure their businesses.

The report was commissioned by Victoria's Workplace Rights Advocate, and compiled by a senior lecturer in workplace law at Monash University.

Dr Anthony Forsyth says he concentrated on one aspect of the new WorkChoices laws - the provision allowing workers to be dismissed for genuine operational reasons.

"In the past, the employer would have had to show some element of the necessity of the restructuring that they're going through, but under operational reasons, they don't have to show that there's any strong financial imperative," he said.

"The difference in terminology - operational 'requirements' under the past law, and operational 'reasons' under the new law might seem subtle, but it is in fact a very big difference in terms of the broad types of cases that can now be included in an operational reasons dismissal, that will mean an employee won't any longer have a claim."

Victorian deputy premier Rob Hulls says the report shows job security is a thing of the past under the new laws.

He says the report suggests that if a boss does not like a worker, or the company needs smartening up, a person can be sacked.

"Being able to dismiss an employee for operational reasons has been interpreted very broadly, which means that any employee in Victoria can virtually be dismissed without any valid reason being given," he said.

abc.net.au September 10, 2007

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