The Fair Dismissal Code (Small Business Fair Dismissal Code)
Rae Phillips - Wednesday, August 17, 2011
The Small Business Fair Dismissal Code came into operation on 1 July 2009. It applies to small business employers with fewer than 15 full time equivalent employees. Small business employees cannot make a claim for unfair dismissal in the first 12 months following their engagement. If an employee is dismissed after this period and the employer has followed the Code then the dismissal will be deemed to be fair.
Employees who have been dismissed because of a business downturn or their position is no longer needed cannot bring a claim for unfair dismissal. However, the redundancy needs to be genuine. Re-filling the position with a new employee is not a genuine redundancy. It is fair for an employer to dismiss an employee without notice or warning when the employer believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal. Serious misconduct includes theft, fraud, violence and serious breaches of occupational health and safety procedures. For a dismissal to be deemed fair it is sufficient, though not essential, that an allegation of theft, fraud or violence be reported to the police. Of course, the employer must have reasonable grounds for making the report
Other Dismissal
- In other cases, the small business employer must give the employee a reason why he or she is at risk of being dismissed. The reason must be a valid reason based on the employee’s conduct or capacity to do the job.
- The employee must be warned verbally or preferably in writing, that he or she risks being dismissed if there is no improvement.
- The small business employer must provide the employee with an opportunity to respond to the warning and give the employee a reasonable chance to rectify the problem, having regard to the employee’s response.
- Rectifying the problem might involve the employer providing additional training and ensuring the employee knows the employer’s job expectations.
16 July 2010
Small Business Fair Dismissal Code Checklist:-
The Checklist is a tool to help small business employers comply with the Small Business Fair Dismissal Code. ...link to the Fair Dismissal Code Checklist can be reviewed here:-
http://www.fwa.gov.au/documents/dismissals/Small_Business_Fair_Dismissal_Code.pdf
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