Small Business Fair Dismissal Code
- BLUE IRAS RATES
- SECTION 1 – WAGES REQUIREMENTS
- SECTION 2 - EMPLOYMENT SERVICE RECORDS
- SECTION 3 - NSW PUBLIC HOLIDAYS 2018, 2019 and 2020
- Section 4 - Wages rates
- SECTION 5 - Employee Classification Levels
- Section 6 - Tax Schedules
- Section 7 - Awards
- Section 8 - Termination Guidelines
- SECTION 9 - Workplace Bullying
- SECTION 10 ANNUAL LEAVE
- SECTION 11 LONG SERVICE LEAVE
- SECTION 12 PARENTAL LEAVE
- Section 13 - Superannuation
- Section 14 - National Employment Standards
- SECTION 15 RECRUITMENT
- Section 16 - Equal Employment Opportunity and Discrimination
- SECTION 17 DISCIPLINARY PROCEDURES
- A to Z Awards and Pay Guides
- Benchbooks - Australian Fair Work Commission
- Bullying, Behavior, Conflict, Conduct and Harassment
- Emailed Information Letters
- Employee Disciplinary Procedures
- Fair Work Information Statement Form
- Government Acts
- Health And Safety
- National Employment Standards
- Policies not otherwise listed
- Small Business Fair Dismissal Code
- Statutory Declaration
- TAX TABLES
- Termination by employee (Resignation)
- Termination by Employer
- Unfair Dismissal
What is a Small Business Dismissal Code?
A small business dismissal code applies to business owners with less than 15 employees, including both casual and regular employees. It was declared in 2009 as part of the Fair Work Act and exists to provide small businesses with an official process to follow whenever they need to dismiss an employee.
If you follow the small business fair dismissal code, the Fair Work Commission will deem your dismissal to be fair and you shouldn’t encounter any future related problems related to a termination of employment at your workplace.
The code explains when it is fair to dismiss an employee, as well as your responsibilities within the processes and the employee’s rights. If the employee does make a claim for unfair dismissal – a decision that is only permitted after a 12-month employment period – the code can assist with your response.
Follow the code to ensure you dismiss all employees fairly and reduce the risk to your business. The following circumstances are classed as fair as part of the small business fair dismissal code in NSW:
- A dismissal without notice when the employer believes on reasonable grounds that the employee’s conduct is sufficiently serious
- The position is no longer needed, or the business has downturned
- The employee has received prior warning and has shown no improvement
Download a Small Business Dismissal Code PDF
Employers should download the small business dismissal code PDF to ensure they adhere to the regulations.
Complete the code accurately and honestly, as you may be asked to provide evidence of compliance if an employee makes a claim for unfair dismissal to Fair Work Australia. This can include evidence that a written warning was previously given, a statement of termination or signed witness statements.
Completing this checklist is not a legal requirement, but it provides an excellent way for employers to assess the situation and ensure they are complying with the Fair Work Act. It is in your best interests to complete the form at the time of dismissal and keep it as a record.
IRAS also recommends providing every new employee with a copy of the NES Fairwork Info Statement as soon as they start working with you to ensure they’re clear about the conditions of their employment, and to prevent future cases of unfair dismissal against you.
Partner with IRAS
For further information about the small business fair dismissal code for NSW businesses, become an IRAS member. We can provide details about dismissals that you may be unsure about, including redundancies and claims of unfair dismissal.
IRAS has over 40 years’ experience in providing workplace relations advice to small and large businesses around Australia. In today’s always evolving landscape, the right advice puts you in a confident position and helps you avoid costly problems. With memberships at just $780 per year, we provide affordable solutions for workplaces around Australia.