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Small Business Fair Dismissal Code

During the course of your business, you may be required to terminate an employee. The Small Business Fair Dismissal Code operates to help employers follow a fair process and protect against unfair dismissal claims when terminating employees.

The Fair Work Commission will deem a dismissal to be fair if an employer follows the Code and can provide evidence of this. The Code defines a small business as one with fewer than 15 employees. These can include both permanent or casual workers employed on a regular and systemic basis. Staff members who have been employed for less than 12 months are not eligible to place an unfair dismissal claim. If a worker is terminated after this period of time but the employer has followed the Code, then the dismissal will be regarded as fair by the Commission.

The Code outlines when it is fair to dismiss an employee in the following instances:

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accounting services

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taxation services

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self managed super funds

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bookkeeping

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company secretarial

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business support

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audit
services

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business
plans

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cloud accounting