The potential influence of prior work experience on unfair dismissal arbitration decisions related to employee misconduct: an exploratory study of decision styles

Abstract

This article reports on an exploratory aspect of a larger study that examines unfair dismissal arbitration decisions relating to misconduct derived dismissals made by Australia's federal industrial tribunal. The central proposition explored is that an association occurs between the arbitrator's work history and their decision to overturn a dismissal. The arbitrators' previous occupations were classified based on their alignment with unitarist (employer harmony) and pluralist (worker interests) frameworks, or the ‘blended’ place in between. Subsequent logistic regression modelling allowed us to identify three types of arbitral decision styles: systems‐driven, evidence‐based and restorative‐voice. These decision styles offer our readership a descriptive framework that consolidates statistically significant decision factors. Australian media reports and professional forums scrutinise the appointment of members to its national industrial tribunal and the decisions that they make. The decision styles presented here can inform organisational stakeholders, including workers, HR managers, supervisors, unions and industry bodies who need to apply and/or respond to misconduct‐driven dismissal processes or formulate relevant policies, processes and systems such as codes of conduct or performance management.