What is the Small Business Fair Dismissal Code?

Small business fair dismissal code

The Small Business Fair Dismissal Code (the ‘Code’) only applies to small businesses as defined under the Fair Work Act 2009 (Cth), which are those with fewer than 15 employees. In addition, for small businesses, employees are not entitled to claim Unfair Dismissal in the first 12 months of their employment. It is therefore important that small businesses ensure employee dismissals are consistent with the Code to avoid getting involved in an unfair dismissal case which may go against them.

The Ultimate Guide to Avoiding Unfair Dismissal

unfair dismissal blog image

As Australian employment law develops, it becomes harder for employers to keep up with it. Employees are becoming more aware of their workplace rights too. Therefore, employers must ensure that they understand their obligations when it comes to dismissing employees, reducing the risk of an unfair dismissal or other claim, such as a General Protections claim.

Changes to Junior Rates in the General Retail Industry Award 2020

From 1 May 2021, Junior rates for classifications level 4 to level 8 under the General Retail Industry Award 2020 will no longer apply, although junior rates continue to apply to junior employees classified in levels 1 to 3. Junior employees under the Award classified as level 4 and above under the award must now be paid at least the adult rate of pay for their relevant classification.

ER Strategies’ Interactive Guide to the Federal Government’s Casual Reforms Legislation is now available!

casual employment reform blog

In late March, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act) passed both Houses of Federal Parliament, which amended the Fair Work Act 2009 to include reforms to workplace rights and obligations for casual employees.  The legislation has received Royal Assent and is therefore now in operation, with some transitional arrangements.

Recruitment mistakes can lead to damages claims! Be Aware.

recruitment mistakes blog

In our article about a bullying case leading to a record $5.2 million award of damages, we highlighted how employees are now increasingly making general protections claims. However, general protections claims can even be made by people who aren’t even employed in your business. Prospective employees or contractors are protected from being adversely affected due to a variety of attributes including but not excluded to, race, religion and gender. These are called protected attributes. 

ER Strategies turns 21!

Whilst many businesses are under pressure because of disruptions to their markets caused by COVID, there has never been a greater need for good practical advice, which also checks off all the technical issues employers face whilst navigating Australia’s industrial relations and employment law system, as well as the JobKeeper changes associated with it.