The Small Business Fair Dismissal Code applies to small business employers. If an employer has been accused of Unfair Dismissal, they will be required to prove that complied with the Small Business Fair Dismissal Code.

Dismissal for serious misconduct

The code allows for a small business employer to dismiss without notice if they reasonably believe the conduct is serious enough to warrant dismissal. Serious conduct includes criminal acts like theft, violence or fraud and it can also include acts such as a serious breach of OHS and procedures. If the behaviour is reportable to authorities, whether or not the employer reports the behaviour or not, then the behaviour will be deemed as a serious breach.

Dismissal for other reasons

With notice and by following fair procedures an employer can dismiss an employee for a valid reason based on their conduct or capacity to do the job. The code prescribes that the employee must be warned either verbally but preferably in writing that they are at risk of being sacked, and the employee must be given an opportunity to rectify and respond.

Unfair Dismissal Evidence

You should keep evidence that you followed the code, this might include:

  • Notes of any investigations
  • Written warnings (except in cases of misconduct)
  • Signed Witness Statement
  • Small Business Checklists (although not required)

How we can help

If an allegation of Unfair Dismissal is brought against you, Unfair Dismissal Lawyers can defend or negotiate in your best interest. A copy of the small business code is available here.