Question 1

The action taken for unfair dismissal is:

Accepted Answer

Page 152. 9. Factual. The action taken for wrongful unfair is statute/legislation.

Question 2

Procedures for termination do NOT include:

Accepted Answer

Page 150. 9. Factual. Procedures for termination mean that the employee is entitled to: be furnished with reasons for the impending dismissal; a fair hearing so that the employee is afforded a right to respond to those reason; an unbiased decision-making process that takes the employee's response into account before any final decision is made.

Question 3

A concise and accurate job description can be:

Accepted Answer

Page 137. Applied. It is important to carefully prepare an unambiguous job description as it may ameliorate the risk of later claims of discrimination or complaints that the duties are not part of an employee's role.

Question 4

When preparing a job description the HR manager should consider:

Accepted Answer

Page 137. Applied. The HR manager should allow adequate flexibility in the job description to allow a job to evolve.

Question 5

During an interview an applicant may be asked:

Accepted Answer

Page 139. Applied. The HR manager needs to carefully plan an employment interview to ensure that questions are not asked that are proscribed by relevant anti-discrimination legislation. State and federal legislation generally prohibits discrimination on the basis of marital status, family responsibilities or age.

Question 6

If an employee repeatedly turned up for work intoxicated, he or she could be dismissed for:

Accepted Answer

Page 144. 8. Applied. Drunkenness at work is one of a range of substantive grounds on which summary dismissal is often based.

Question 7

Which of the following would NOT be substantive grounds for summary dismissal?

Accepted Answer

Page 144. 8. Applied. Below average performance is not generally a substantive reason for summary dismissal. However, if an employee is incompetent and has presented themselves as competent to perform the work, then summary dismissal may be justifiable.

Question 8

If an employer attempts to unilaterally reduce the terms and conditions of employment, this may:

Accepted Answer

Page 147. 8. Applied. The Colosimo case highlights that an employer who attempts to unilaterally reduce the terms and conditions of employment may face a finding of unfair termination.

Question 9

Cases where an employee resigns from a position due to a significant reduction in remuneration may be construed as:

Accepted Answer

Page 147. 8. Applied. If an employee resigns because they have been demoted or have had their pay and benefits substantially reduced, then in some cases this may be construed as constructive dismissal.

Question 10

An example of an employee who is employed for a seasonal basis is:

Accepted Answer

Page 152. 9. Applied. Seasonal employees are employed for short periods of time.

Question 11

Critically discuss the importance of understanding the legal requirements relating to the employment of people, and how these apply to the recruitment and selection of employees.

Accepted Answer

The answer of Critically discuss the importance of understanding the...

Question 12

Common law outlines the general duties of the parties to an employment relationship. Examine the expectations of both employers and employees and analyse how these responsibilities contribute to the overall effectiveness of the organisation.

Accepted Answer

The answer of Common law outlines the general duties of...

Question 13

Identify and explain the different types of dismissal that may be used by an employer, and examine the impact of each approach on the organisation and remaining employees.

Accepted Answer

The answer of Identify and explain the different types of...

Question 14

There are a variety of laws that outline the duties and responsibilities of both the employer and employee. Critically discuss how these laws are designed to protect the rights of both parties in the employment relationship.

Accepted Answer

The answer of There are a variety of laws that...

Question 15

Discuss how legislation has been enacted to protect the rights of 'whistleblowers'.

Accepted Answer

The answer of Discuss how legislation has been enacted to...

Question 16

Discuss the rights of the employee with regards to unfair dismissal and wrongful dismissal.

Accepted Answer

The answer of Discuss the rights of the employee with...

Quiz 4: Human Resource Management and the Law