Small Business Fair Dismissal Code Checklist
The Fair Work Bill 2008 established the Small Business Fair Dismissal Code (the Code). The Code is only relevant to businesses with fewer than 15 employees (small business employers).
The Code (currently) sets out 8 steps a small business employer needs to take in order for a dismissal to be fair. If an employee of a small business employer makes an unfair dismissal claim, Fair Work Australia will first determine if the employer has complied with the Code. If they have, the dismissal will be considered fair. If the employer has not complied with the Code, the claim will treated in the same way as any other
unfair dismissal claim, and Fair Work Australia will go on to determine whether the dismissal was harsh, unjust or unreasonable.
If your business has less than 15 employees, you need to have access to this form.