Bill: Draft Unfair Dismissal Modernisation Act

[antonfr_]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

Update, Clarify, and Modernise Employee Protections




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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:


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PART I — PRELIMINARIES

1. Short Title and Enactment

(1) This Act may be cited as the 'Unfair Dismissal Modernisation Act'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Kaiserin_.

(4) This Act has been sponsored by Rep. antonfr_ and co-sponsored by President of the Senate Talion77.

(5) This Act amends the following acts:

(a) Criminal Code Act

(b) Commercial Standards Act

2. Reasons and Intent

(1) Unfair dismissal provisions provide partially effective protection for employees, but are outdated and could use refinement for clarity.

(2) To integrate employee protection provisions with the RCCA.

(3) No provision of this Act shall be construed as to retroactively restrict the statutory or constitutional powers of any governmental entity with regard to employment.

PART II — PROVISIONS

3. Amendments

(1) § 6 of the Commercial Standards Act, “Employee Protections”, is hereby repealed. Subsequent sections shall be renumbered.

(2) Part VIII, § 1 of the Redmont Civil Code Act shall be amended as follows:
“1. Unfair Dismissal
Violation Type: Intentional
Remedy: Reinstatement
A person commits a violation if the person:
(a) terminates an employee’s employment; and
(b) the termination is unjust, having regard to:
(i) whether the termination made financial sense for the organisation; and
(ii) whether continued employment would be detrimental to the workflow, reputation, or legal standing; and
(iii) whether the dismissal was based on personally identifiable characteristics, including but not limited to: gender, age, or political affiliation.
(b) any of the following apply:
(i) the termination was on the basis of any personally identifiable characteristic, including but not limited to political affiliation; or
(ii) the termination was based solely on membership in a union; or
(iii) no valid basis for termination was communicated to the employee; or
(c) none of the following valid bases motivated the termination:
(i) the employee violated a legally valid written agreement, code of conduct, or other documentation outlining responsibilities and expectations;
(ii) the employee demonstrated significant workplace misconduct, even where not written;
(iii) the employee negatively affected the workflow of the environment;
(iv) there was a compelling financial incentive for the termination, with respect to the organisation material needs;
(v) the employee’s position became redundant
(vi) the employee’s continued employment would negatively impact the reputation or legal standing of the organisation;
(vii) the employee was unable to capably carry out the duties of the position.
This violation shall not occur where:
(c) the employee was terminated for:
(i) documented misconduct; or
(ii) due to genuine redundancy.
(d) The employee served at the pleasure of the organisation per statute or the Constitution; or
(e) A force majeure genuinely required the termination of the employee.”