Under the new national workplace system, there are new unfair dismissal laws for small businesses and their employees.

Special arrangements

There are special unfair dismissal arrangements that apply to small businesses.

These arrangements simplify the dismissal process for small businesses.

They recognise that small businesses usually:

• don't have big human resource departments to help them
• can't afford lost time
• can't find other positions for employees.

Small business employers will benefit from:

• a minimum employment period of 12 months instead of 6 months (employees can’t make an unfair dismissal claim in this 12-month period)
• a simple Fair Dismissal Code to help employers ensure dismissals are not unfair
• a specialist service for small and medium sized businesses from the Fair Work Ombudsman.

A simple checklist to aid employers

A simple Small Business Fair Dismissal Code Checklist (the Checklist) has been developed to help small business employers to comply with the Code. It is a tool to help small business employers follow the Code’s procedural elements when dismissing an employee and understand when the Code applies.

Important! Completing the Checklist does not mean that the Code has been complied with, nor is it a requirement of the Code that the Checklist be completed. The Checklist should be read in conjunction with the Code.