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The Forum > Article Comments > Lawyers will turn Howard’s industrial nirvana into employer hell > Comments

Lawyers will turn Howard’s industrial nirvana into employer hell : Comments

By Irfan Yusuf, published 2/6/2005

Irfan Yusuf argues that John Howard has not considered the legal implications of his new Industrial Relations policy.

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Wow, great post aniko - could feel the rage. And you are right. However, when the IR changes take place I predict you will be very busy. The abolition of unfair dismissal is without doubt anti human.

Arjay
"Employers who are clearly negilent pay an employee an extra compensatory amount."

Who do you call to prove negligence?
Posted by Ringtail, Sunday, 12 June 2005 9:55:39 AM
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Aniko, so with you also, I worked at Trades Hall doing workcover for union employees (and often we'd take on non union employees pro bono so to speak) Of the odd 250 workers I dealth with (health, teachers and metalworkers) there was only a handful of members that I felt were rorting the illness/injury. To a worker, most would have given their eye teeth to have not had it happen to them (and most lost a lot more). You are absolutely right about workers vs employers, some are not nice, or fair on both sides of the fence. However, safety guards should be there between the employee/employer relationship re OH &S , rights on both sides, sexism, racism, et al. and to dismantle the system, is to open it up to a slather of lawyers. What's wrong with the AIRC? Like you, I've taken cases of unfair dismissal (on both sides of the fence) and seen the commissioners deal rather equitably and fairl (even if i haven't agreed) and the whole point of the AIRC was to make it a layman's commission, where one didn't need a lawyer. If one needs a lawyer as a worker to defend oneself under little Johnny's IR laws, it doesn't exactly smack of "fair go" for the workers.
Posted by Di, Sunday, 12 June 2005 6:36:47 PM
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Is it only me who has been constantly bemused at a perceived constituency for this government among those who would remove laws aimed at preventing unfair dismissal of employees by their employers?

I am obviously missing something basic here. I thought we Aussies were all about giving each other a "fair go".
Posted by garra, Sunday, 12 June 2005 9:27:09 PM
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Irfan Yusuf agrees that we have to free up the labour market to be more competitive.Before keating this country fuctioned well without unfair dismissal laws.It's administeration has been appaulling with judges of the left persuasion favouring the worker.I've of too many anicdotal cases to know that it must go.

Let's get things into perspective.We have enormous economic problems facing us in the next 15 to 20 yrs.We are a country laden with too much Govt and bureauracy.Over the next 15yrs the Commonwealth has to find $126 billion for unfunded super liability.[Ref Telegraph 26/4/2005]Now the States also have unfunded super liabilities and they employ far more people.Many people in private enterprise have no where near enough to survive.As the "Boomers" retire we will have less tax and more people wanting to take super that has been spent by past Govts.

Our economy only has a GDP of $8 billion.We have 1.5 million public servants in this country and at least 33% will retire soon,if it is unfunded our economy has nowhere near enough.Just for Commonwealth public servants we have to find $8.4 billion per yr for 15 yrs.How much of our country can we flog off?

Could someone please find out what the unfunded super liabilities for all the states is.There is certain info that they make hard to find.We are in deep do do.We need a lot more than industrial reform.Perhaps a miracle or two.
Posted by Arjay, Monday, 13 June 2005 1:11:05 PM
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Arjay, we're talking unfair dismissal here, not super. Two different beasties (and yes, you can thank Mr Keating for introducing both). Your stance that unfair dismissal worked well prior to Keating was that there was not very good (if any) protection for workers prior to this. Anecodotally, one always knows someone who employed the worker who claimed "workcover" due to a "mediterrainian back", who was later filmed on "A current Affair" picking up a planted $50 note. And the slackest worker in the world who was sacked and then claimed unfair dismissal and got squillions and got reinstated! I suggest you go to the AIRC website and have a look at some transcripts of cases, some cases of assault and harrassment where the employer has either instigated it/condoned it/ or ignored it are up on a par with any worker who has falsely taken his/her claim.
Posted by Di, Monday, 13 June 2005 6:56:07 PM
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Di,if we have a more fluid workplace whereby employers don't feel threatened,more jobs will be available to those who don't like their bosses.Bad bosses will not survive in a fluid jobs market.We have now a system that punishes employers for taking on workers.How insane is this?Many people of lesser ability ie those my age are now excluded from the the work place because of our workplace regulations ,Govt red tape,bloated Govt bureauracies,taxes paying many abled people not to work and litigious mentality.Many businesses are saying it is just too hard and are either moving off shore or shutting down.

This coupled with our Govts super debacle,spells disaster for our country.I'm looking at the bigger picture for this urgency for industrial reform.The mal-administration of this country over the last 30yrs could be worse than anyone could have imagined.

The Howard Govt, no doubt to your glee,has let unfunded super liability blow out from $15 billion to $90 billion in the last ten years.This means that all their so called budget surpluses have been a lie.Having learnt this today,I have lost faith in all Govts in both their honesty and so called good intentions for the common good of our country.I don't think you or many others, understand the gravity of these numbers.Unfair dismissal isn't even a blimp on the radar screen by comparision.

If those like yourself in private enterprise ,cannot see the reality,then we will become just another" banana republic "in the South Pacific,and Keating's snipe will become a reality.
Posted by Arjay, Monday, 13 June 2005 9:34:56 PM
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