Final form of Fair Dismissal Code for Small Businesses available
You are here:Final Small Business - Fair Dismissal Code now available.
The Federal Government has published the finalised Small Business Fair Dismissal Code - click here to view. There is no real change from the previous draft version (See earlier article).
In serious matters such as theft, fraud and violence, and serious breaches of OHS procedures, the Code says it is fair to dismiss an employee without notice or warning.
For under-performing employees, the Code requires the employer to give the employee a valid reason, based on the employee’s conduct or capacity to do the job, why the employee is at risk of being dismissed and a reasonable chance to rectify the problem.
Multiple warnings are not required. It is desirable, but not necessary, for a warning to be in writing.
ER Strategies Comment - our personal view is that the Fair Dismissal Code doesn't substantially change the requirements on a small business for dismissing staff.
Our Telephone Advisory Service or Employer Protection Advisory Service are 2 cost-effective ways a small business owner or manager can access practical and commercial advice from experienced practitioners.
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