Unfair Dismissal Law and Temporary Migrant Labour in Australia

Howe, J; Berg, LA; Farbenblum, B

Unfair Dismissal Law and Temporary Migrant Labour in Australia

Howe, J Berg, LA

Farbenblum, B

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Publisher:: Australian National University, Faculty of Law
Publication Type:: Journal Article
Citation:: Federal Law Review, 2018, 46 (1), pp. 19 - 48
Issue Date:: 2018-03-01

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Full metadata record

Field	Value	Language
dc.contributor.author	Howe, J	en_US
dc.contributor.author	Berg, LA https://orcid.org/0000-0001-8686-6283	en_US
dc.contributor.author	Farbenblum, B	en_US
dc.date.issued	2018-03-01	en_US
dc.identifier.citation	Federal Law Review, 2018, 46 (1), pp. 19 - 48	en_US
dc.identifier.issn	0067-205X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/124473
dc.description.abstract	Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.	en_US
dc.publisher	Australian National University, Faculty of Law	en_US
dc.relation.ispartof	Federal Law Review	en_US
dc.title	Unfair Dismissal Law and Temporary Migrant Labour in Australia	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	46	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	1	en_US
pubs.publication-status	Published	en_US
pubs.volume	46	en_US

Abstract:

Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.

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http://hdl.handle.net/10453/124473