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Section : Special dismissal rules for small business employers
Domain : Human Resource Management
Classification : Not Identified
Context
This chunk discusses the special dismissal rules applicable to small businesses with fewer than 15 employees, highlighting the conditions under which employees can claim unfair dismissal and the importance of adhering to the Small Business Fair Dismissal Code. It emphasizes best practices for documentation and communication during the dismissal process, aligning with the broader themes of managing underperformance and ensuring fair employment practices outlined in the best practice guide.
Text Content
Employers with less than 15 employees (based on a simple headcount) are covered by special dismissal rules which are different to those that apply to larger businesses. Employees working for a small business cannot make a claim for unfair dismissal un til they have been employed for at least 12 months. The Small Business Fair Dismissal Code (the Code) provides protection against any unfair dismissal claims that are lodged with the Commission. The Commission will rule that the dismissal was fair if the employer can provide evidence that the Code was followed before dismissing the employee. You can access the Code at fairwork.gov.au/unfairdismissal It's best practice to follow the Code when an employee is dismissed. You should keep a completed copy , along with the letter of termination, records of performance meetings, performance improvement plans and any written warnings with your employment records. These records can help you if an employee makes an unfair dismissal claim. You also need to give the employee written notice of termination and pay the employee any accrued and outstanding entitlements. For further information on ending employment visit fairwork.gov.au/ending-employment
- What is the threshold number of employees for a business to be subject to special dismissal rules?
- How long must an employee work for a small business before they can claim unfair dismissal?
- What does the Small Business Fair Dismissal Code provide protection against?
- What must an employer demonstrate to the Commission to rule a dismissal as fair?
- What types of records should an employer keep when dismissing an employee?
- What are the two requirements an employer must fulfill when terminating an employee?
- Why is it considered best practice to follow the Small Business Fair Dismissal Code?
- Where can one access the Small Business Fair Dismissal Code?
- What is the significance of keeping performance records in relation to unfair dismissal claims?
- What additional resources are available for employers regarding ending employment?