What is the Small Business Fair Dismissal Code?
The Small Business Fair Dismissal Code is a new feature of the national industrial relations system and applies only to small businesses (see the definition of ‘small business’ above). The Code sets out the steps a small business employer should follow when dismissing an employee. If the employer carefully follows this Code and ensured the dismissal is consistent with it, then Fair Work Australia will automatically consider the dismissal to be ‘fair’. If the small business employer does not follow the Code, the dismissal claim made by the employee will be treated like any other claim. The Code still allows an employee to be fired without notice if there is serious misconduct, such as theft or violence. Use of the Code is voluntary but is strongly recommended.
