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Employment & Industrial Relations

6. Small Business Dismissal

Authors: Kate Luckman
Firm / Chambers:
Last updated: 26 Jul 2015
  • The Fair Dismissal Code applies to businesses with fewer than 15 employees including casual employees who are employed on a regular and systematic basis. It provides that:
    • small business employees cannot make an unfair dismissal claim in the first 12 months of their employment;
    • as long as an employer follows the code any dismissal will be deemed to be fair; and
    • small business employees do not receive redundancy severance payments.
  • To access the Small Business Fair Dismissal Code and a checklist to ensure the minimum requirements have been met for a fair dismissal see: http://www.fairwork.gov.au/ArticleDocuments/715/Small-Business-Fair-Dismissal-Code-2011.pdf.aspx?Embed=Y

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