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International Law
: Australian Regulatory Compliance ReviewThe Fair Work Act unfair dismissal provisions and small businesses
By David Jacobson
An employee is eligible to make an application for unfair dismissal if they have completed the minimum employment period of:
one year?where the employer is a small business employer
six months?where the employer is not a small business employer
From 1 January 2011 the Fair Work Act defines a small business employer for unfair dismissal purposes as being one who employs less than 15 employees by individual head count (previously, less than 15 full time equivalent employees).
For a small business employer to dismiss someone fairly after 12 months the employer will have to comply with the Fair Dismissal Code for Small Business.
Full post as published by Australian Regulatory Compliance Review on January 03, 2011 (boomark / email).
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