Putting the debate over question 19 to rest (1 Viewer)

[karnevil]

Emailed my teacher the other day, got this reply today:

The answer is Anti-Discrimination Act as you cannot dismiss a worker on the
ground of their physical attributes ie. their physical disability.
The Unfair Dismissal Act refers to employees who have been harshly, unjustly or unreasonably dismissed. This relates to their work performance, notification of their performance and appropriate strategies to rectify the problem.

So there ya go. I got it wrong, oh well

 

[cadsy48]

*cough*bullshit*cough....

heh either way what a f**ked up question, BOS strikes again

 

[Aj10001]

settle right down nostra

 

[Golani]

The answer is Anti-Discrimination Act as you cannot dismiss a worker on the ground of their physical attributes ie. their physical disability.

That's absolutely right. The anti discrim act 1975 (nsw) prohibits discrimination on any ground in all aspects of the business, including termination, i.e. the answer is (B) Anti Discrimination

Also emphasise the word protect and the fact that the question didn't say unfairly dismissed.

I'm fairly sure about this one!

 

[Suney_J]

the question asks which of the folowing legal aspects of employment relations protects the person being dismissed due to his physical disability

the legal aspect of unfair dismissal are the laws that relate to it, such as the Workplace Relations Act 1996 (Cth) and the Industrial Relation Commission Act 1996 (NSW), these laws protect ppl who were dismissed harshly, unjustly or unconscionable.
they also protect ppl who were dismissed based on discriminatory factors such as the guy in the scenario.(im readin from a txt book)
the guy was discriminated against, however this discrimination resulted in his dismissal, and the laws that protect him in this specific situation are the laws i stated above.

 

[sirius_g]

I thought that too

The key word to this is Dismissed. I actually put the answer to this question as b) thinking that it was anti-discrimination. The fact that he has been dismissed means that the law he is now protected by or that can redress the wrong is the unfair dismissal act.

To clarify this once and for Business HSC ( skyes) section on unfair dismissal ( pg 404 3 point from the bottom) states that a person cannot be dismissed on ' race, colour, sexual preference, age, physcial or mental disability.'

the answer to 19 has to be a)

 

[truly-in-bliss]

man one more wrong..

 

[yenta]

lol karnevil, u haven't put the debate to rest, everyone's still divided. I put anti-discrimination but now I believe the answer is unfair dismissal

 

[Truly_bored]

Re: I thought that too

Originally posted by sirius_g
The key word to this is Dismissed. I actually put the answer to this question as b) thinking that it was anti-discrimination. The fact that he has been dismissed means that the law he is now protected by or that can redress the wrong is the unfair dismissal act.

To clarify this once and for Business HSC ( skyes) section on unfair dismissal ( pg 404 3 point from the bottom) states that a person cannot be dismissed on ' race, colour, sexual preference, age, physcial or mental disability.'

the answer to 19 has to be a)

No...but the question doesn't state that he has been dismissed but it is asking which legal aspect is designed to protect an employee 'from being' dismissed due to physical disability....

However..i think that the answer is (b) Anti Discrimination....But u neva know...i may be wrong and it may be (a) Unfair dismissal...onli time will tell....we will find out sooner or later

Anywayz...we will see once the answers are released.....
So don't worry too much...it's over and we can't do anything about it now

 

[Suney_J]

hmmmm.......
so what ur sayin is that unfair dismissal laws have no impact on an employer before, during or after the dismissal??

 

[*~Dazed~*]

Originally posted by sirius_g

To clarify this once and for Business HSC ( skyes) section on unfair dismissal ( pg 404 3 point from the bottom) states that a person cannot be dismissed on ' race, colour, sexual preference, age, physcial or mental disability.'

yeah but unfair dismissal isnt an ACT... its a name that is given to a way someone has been dismissed.. it doesnt PROTECT

meh ive had enough of this argument

 

[sugamama]

Originally posted by *~Dazed~*
yeah but unfair dismissal isnt an ACT... its a name that is given to a way someone has been dismissed.. it doesnt PROTECT

meh ive had enough of this argument

But there are UNFAIR DISMISSAL LAWS
The Workplace Relations Amendment (Termination of Employment) Act commenced on 30 August 2001.

And the Q was asking 'of the following legal aspects of EMPLOYMENT RELATIONS is..'

I don't think Anti Discrim comes under employment relations but Unfair Dis does under that the ACt above.

I think Anti Discim is more for the stuff not concerning dismissals. Like for everything concerning dismissals it comes under the jurisdiction of Unfair Dismissal Laws, and for most other stuff concerning discrim it would come under the Anti Discrim Act.


I don't do Business btw I'm just here to argue hehe

 

[Golani]

I don't think Anti Discrim comes under employment relations

I wonder why the chapter about anti discrimination is brought in the text book under the topic of employment relations then. If discrimination doesn't relate to how you treat your workers then what does it come under, how you treat your short term assets?...

I think Anti Discim is more for the stuff not concerning dismissals

As i've mentioned, anti discrimination involves conduct in all areas of the business- including termination...

I don't do Business btw I'm just here to argue hehe

nuf said...

 

[shazabdazla]

...um i was arguing the opposite previously but...

in a way though sugamama is right...the laws which protect workers from unfair dismissal are called "unfair dismissal" legislation... read the chapter on this in the longman/skyes textbook....i think we are all reading too far into this question...
....but yeh, if i'm right i'm not happy...cos it will mean i am wrong...

 

[karnevil]

be funny if there's a debate of this calibre between the teachers at the bizzo marking centre

 

[*~Dazed~*]

you know another thing..... unfair dismisal would have been the 'obvious' answer because you read no being allowed to work because of his physical disability so you would assume he was unfairly dismissed hence put unfair dismisal... i think this was one of those questions to trick us and make us think about it... because how stupid would the question be if the answer was unfair dismissal..

this is just my opinion so dont shoot me for it

 

[shazabdazla]

the question:

"which of the following legal aspects of wmployment relations is designed to protect an employee from being dismissed due to a physical disability"

longman (skyes) business studies hsc textbook:

UNFAIR DISMISSAL LEGISLATION:
"if an employee believes their dismissal was unfair, they may be able to lodge an unfair dismissal claim with the AIRC."
"the legislation lists...unlawful reasons for terminating a person's employment...race, colour, sex,....phsical or mental disability"

ANTI-DISCRIMINATION LEGISLATION:
does apply to dismissal to some extent, but mostly deals with discrimination in the aquisition and maintenence periods. eg. not hiring a disabled person even though it does not affect their ability to perform specified tasks, or giving a person lower pay than someone else performing identically because of some unimportant quality.

CONCLUSION:
even though anti discrimination does cover dismissal technically, the syllabus mentions specific unfair dismissal legislation which covers unfair dismissal.
hence this is the most correct answer to question 19.

...lol...btw i hope im wrong cos i put (b)...but i really doubt it...

 

[Suney_J]

Shaz, ur are wrong, not bout unfair dismissal, but about putting (B). ur spot on bout why the answer is unfair dismissal. u basically took the words out of my mouth, or maybe i took em out of your cuz i sed it first
and dazed u sed it urself the obvious answer is unfair dismissal, so i was wonderin if u thought it was so obvious, why didn't u trust ur instincts ?

 

[shazabdazla]

i really don't know....sometimes in exams i do stuff like that in multi choice, although i still get 18/19/20....

like in the trial there was this qestion, who would be a likely customer of a military hardware company...i said educational institutions!!!lol...it was government.....i kicked myself real hard...

but yeah, i think i was bein stoopid thinking, no, unfair dismissal is too simple, and stuffed up....it's dead obvious the answer is (a)....

 

[sugamama]

yeah i know what u mean shaz

There was a Q in legal studies which i thought about too hard and I got wrong!



I hate you tort!