Home / Essays / Article 1: Cafe Threatens To Go Into Liquidation If Ombudsman Takes Legal Action Over $22,000 Underpayment

Article 1: Cafe Threatens To Go Into Liquidation If Ombudsman Takes Legal Action Over $22,000 Underpayment

, Friday, 11 September 2015 1:21, Renee Thompson.
Brief Overview of Article:
This article tackles several issues regarding the employment of foreigners in Australia as well as allegations of underpayment. The fair works ombudsman has
threatened to prosecute the café in the article for underpayment allegations against an Indian worker. The café however has stated that it would file for bankruptcy if
at all the ombudsman goes ahead to prosecute it over $22,000 underpayment.
The Parties to Employment Relations:
There are a number of parties which are involved in this case. The parties involved are the company owning the café who are the employers, the worker who has lodged
the underpayment claim, and lastly the fair works ombudsman. In employment relations, these are the main parties that are always involved in industrial matters
whenever they arise. The workers have their unions to represent their issues in employment relations. The same applies for the employers. The government comes in as an
arbitrator and mostly represented by agencies such as the fair work commission and fair work ombudsman as is the case in the article.

State Regulation: There are regulations that govern how business owners as well as the companies they own respond to matters of underpayment. There is an act that
safeguards workers from underpayment and businesses have to ensure that they do not violate the act. Stiff penalties have been put in place against both the owners and
companies that contravene the act on underpayment. The fair works ombudsman is mandated to prosecute employers who fail to comply with the requirement of the act.
Every state normally puts in place regulations that govern the business practices in their territories so that all parties involved in employment relations are well
protected.
Collective Agreement-Making Processes:
The fair works ombudsman endeavor to correct unintentional cases of non compliance if and when they arise. However, the employers have to be willing to
cooperate. In this case, the café owner was unwilling to cooperate and thus the ombudsman has no other option but to continue with the prosecution. The case owner, the
worker, and the ombudsman would have negotiated in a collective agreement process and dealt with the matter. When disputes in employment relations arise, there is
always a collective bargaining protocol to be considered before adverse resolutions are made.
Industrial Conflict:
The obvious industrial conflict evident in the article is the issue of underpayment. Another conflict evident is the treatment of foreign workers in Australia.
Employment awards should be honored by employers and if it does not happen, workers are at liberty to complain. Issues of ill treatment for being a non-native should
also not be tolerated in industrial relations any where in the world.

Article 2: Fair Work Orders HR Firm to Pay Sacked Employee $11,000 despite Valid Reason for Dismissal, Friday, 11 September 2015 1:03, Broede Carmody
Brief Overview of Article:
The article is a tale of a worker who after been terminated by her employer seeks for compensation from the employer since she was not offered a chance to
respond to allegations labeled against her. The consultancy firm is ordered by the fair works commission to compensate her although she had actually been correctly
dismissed. This raises key issues concerning procedures to be followed when considering terminating the services of one’s employees.
The Parties to Employment Relations:
There are several parties involved in the case mentioned in this article. The first party to the case is Sharon Kaibel who is the employee of the Adelaide
based consultancy firm, the business and its owner, and the fair works commission as a representative of the state. In employment relations, the employer, the
employee, and the state are primarily the main actors at all times and mostly represented by their specific unions.
State Regulation:
This article poses several lessons for small businesses regarding the regulations they should adhere to when dismissing their workers. There is a small
business fair dismissal code as well as a checklist that offers some basic direction for small enterprises on what to do regarding termination. However the guide is
not a total protection for them. Workers have to be accorded an opportunity to respond to any allegations against them that could cost them their jobs. The fair work
commission may come in to support whichever party is correct basing on the small business fair dismissal code.
Collective Agreement-Making Processes:
The fair works commission is the representative of the state in this case. The other two parties are the employee and employer. In this case, the fair works
commission came in support of the employee although she had been dismissed on correct grounds. However, the small business fair dismissal code guided this decision and
could have supported whichever of the two parties that had been correct. The government will always come in to judge against warring parties in employment relations as
is evident in the case highlighted in the article.
Industrial Conflict:
The industrial conflict that presents itself in this article is the case of termination without giving a chance to the accused to respond to allegations
against them.
Article 3: Port Workers Fired Via Text Message, Yahoo7 and Agencies, August 7, 2015, 1:08 Pm
Brief Overview of Article:
According to the article, around 100 workers were fired via short text messages near midnight. This is as reported by the Maritime Union Australia. The workers
were drawn from Sydney and Brisbane. There is a concerted effort to weaken the Maritime union through sacking of officials by the employer.
The Parties to Employment Relations:
There are several parties that are involved in this dispute. These parties include the maritime union representing the workers, the port workers themselves,
and the employer. This is a case where the employer seeks to weaken the grip and influence of a union so that they can continue with certain operational plans
unopposed.
State Regulation:
In employment relations it is the right of workers to form a union to represent their matters. Any effort by employers to de-unionize their workers is not
encouraged at all. It appears there is a ploy by the employer to de-unionize its workers so that it can go ahead and automate many processes without hindrances.
Industrial

Conflict:
The conflict in this article is the attempt to de-unionize workers.

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