Rouse Lawyers

- The Law Firm For Business Owners and Entrepreneurs -

Call us: (07) 3648 9900

  • Home
  • Expertise
    • Corporate & Commercial
    • Private Wealth & Tax
    • Franchising
    • Technology
    • Intellectual Property
    • Commercial Litigation
    • Employment Law
    • Estate Planning
    • Property Law
  • About
    • Our Team
  • Reviews
  • Articles
  • Careers
  • Legal Guide
  • Contact

Unfair Dismissal under the Small Business Fair Dismissal Code

December 21, 2010

WHAT IS THE SMALL BUSINESS FAIR DISMISSAL CODE
As of 1 January 2010, private sector employees are protected by the new national industrial relations system, the Fair Work Act, while public sector employees are covered by the state industrial relations system.

The Small Business Fair Dismissal Code is a new national workplace system designed to assist small businesses and their employees and works in conjunction with the Fair Work Act 2009.

The new system provides that the minimum employment period is now twelve (12) months (instead of the original six (6)) and that an employee cannot make a claim for unfair dismissal within this twelve (12) month period.

The system also recognises that Small Businesses are unlikely to have expert Human Resources staff and aims to assist employers ensure that any valid dismissals are not considered to be unfair.  This is done via the Dismissal Code Checklist, discussed below.
WHATE CONSTITUTES A SMALL BUSINESS?
Under the Code, a small business is considered to be any business where the employer employs less than fifteen (15) full-time equivalent employees.  Please note that this number can include employees of related entities.
APPLICATION FOR UNFAIR DISMISSAL REMEDY
An employee has fourteen (14) days from the date of the dismissal coming into effect to lodge an application to Fair Work Australia.  Applications are made to Fair Work Australia as part of the new national scheme.  Unfair Dismissal is determined to have occurred when an employee applies to Fair Work Australia and it is determined that:

  • The employee was dismissed; and
  • The dismissal was harsh, unjust or unreasonable; and
  • The dismissal was not the case of genuine redundancy; and
  • In the case of the employer being a small business, where the dismissal was not consistent with the Small Business Fair Dismissal Code.

For small businesses, for an employee to be eligible to make an unfair dismissal remedy ...

Continue Reading

Filed Under: Commercial Litigation, Corporate & Commercial, Employment Law

  • « Previous Page
  • 1
  • …
  • 4
  • 5
  • 6

Enter your details below to contact a professional Corporate & Commercial lawyer.

↓

We add new contacts to Rouse Lawyers database. We may send you information or service offerings we believe may be relevant to you. If you agree to being contacted by us in the future, send your enquiry. Naturally, you can unsubscribe any time.

Categories

  • Commercial Litigation
  • Corporate & Commercial
  • Employment Law
  • Estate Planning
  • Franchising
  • Intellectual Property
  • Korean Desk
  • News and Articles
  • Property
  • Tax & Superannuation
  • Technology

Client Reviews

"I would highly recommend Ben and the Rouse Lawyers team"

We are expanding our growing business into new areas. Ben Thorn took the time to understand our needs and delivered timely and expert advice. In addition to his coverage of the commercial transactions, Ben guided us through each step of the process of registering our trade mark. I would highly recommend Ben and the Rouse Lawyers team.

Jon MailerProtrade United

"Smooth, affordable and manageable"

“We recently engaged Rouse Lawyers to assist us in purchasing our first home. The support we received from Jesse Mason and his team was invaluable, easing the overwhelming emotions of being first time homebuyers. He supported us to understand both the land and home contracts, walking us through the process and promptly responding to any concerns, which made the whole process smooth, affordable and manageable”.

Nick JohnstonHitachi Construction Machinery (Australia) Pty Ltd

"We recommend the team at Rouse Lawyers"

“Ligentia Australia engages Rouse Lawyers to provide strategic and practical employment law advice. They understand the sensitivity and time constraints often involved, and respond accordingly. We recommend the team at Rouse Lawyers to businesses looking for trusted employment law advisors.”

Dean NevilleLigentia Australia

PRIVACY POLICY DISCLAIMER TERMS

BRISBANE OFFICE

Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

Sign Up To Our Newsletter