Unfair Dismissal Code Essay

1221 words - 5 pages

Small Business Fair Dismissal Code
The Small Business Fair Dismissal Code came into operation on 1 July 2009.
The Fair Dismissal Code applies to small business employers with fewer than 15 employees (calculated on a simple headcount of all employees including casual employees who are employed on a regular and systematic basis). Small business employees cannot make a claim for unfair dismissal in the first 12 months following their engagement. If an employee is dismissed after this period and the employer has followed the Code then the dismissal will be deemed to be fair.
Employees who have been dismissed because of a business downturn or their position is no longer ...view middle of the document...

Other Dismissal
In other cases, the small business employer must give the employee a reason why he or she is at risk of being dismissed. The reason must be a valid reason based on the employee’s conduct or capacity to do the job.
The employee must be warned verbally or preferably in writing, that he or she risks being dismissed if there is no improvement.
The small business employer must provide the employee with an opportunity to respond to the warning and give the employee a reasonable chance to rectify the problem, having regard to the employee’s response. Rectifying the problem might involve the employer providing additional training and ensuring the employee knows the employer’s job expectations.
Procedural Matters
In discussions with an employee in circumstances where dismissal is possible, the employee can have another person present to assist. However, the other person cannot be a lawyer acting in a professional capacity.
A small business employer will be required to provide evidence of compliance with the Code if the employee makes a claim for unfair dismissal to Fair Work Australia, including evidence that a warning has been given (except in cases of summary dismissal). Evidence may include a completed checklist, copies of written warning(s), a statement of termination or signed witness statements.

Small Business Fair Dismissal Code Checklist
The Checklist is a tool to help small business employers comply with the Small Business Fair Dismissal Code. Completing the Checklist does not mean that the Code has been complied with, nor is it a requirement of the Code that the Checklist be completed. However, completing the Checklist will help small business employers assess and record their reasons for dismissing an employee. It is in the interests of the employer to complete this checklist at the time of dismissal and to keep it in case of a future unfair dismissal claim.
Employers should read the Code before completing the Checklist, ensuring they understand their procedural obligations under the Code. Meeting these obligations is an important factor in complying with the Code.
1. How many employees are employed in the business? (Include the dismissed employee and any other employee dismissed at the same time).
Under 15 employees
15 employees or more
[If under 15 employees, the Fair Dismissal Code applies.]
2. Has the employee been employed in this business as a full-time, part-time or regular casual employee for 12 months or more?
[If No, the employee cannot make an unfair dismissal claim.]
3. Did you dismiss the employee because you didn’t require the person’s job to be done by anyone because of changes in the operational requirements of the business?

If Yes|YES|NO|
a. Did you comply with any requirements to consult about the...

Other Essays Like Unfair Dismissal Code

To Describe the Constraints and Limitations Under Which Marketers Operate

1442 words - 6 pages + 2006 and The consumer protection from unfair trading regulation 2008. The Sale of goods Act 1979 - The sale of goods act is an act enforced by the United Kingdom’s parliament. The act regulates the English and commercial law in respect of goods that are bought and sold in England. Marketers must be conscious that their products match descriptions and pictures when selling online or designing packaging, if it doesn’t consumers could sue the

Employment Responsibilities and Rights in Health and Social Care

2259 words - 10 pages | |Dismissal | |Redundancy

Riordian Corprate Compliance Plan

1678 words - 7 pages example, if a statute requires to organize reports and records are not maintained, the liability of not adhering with that statute relay on the managers and directors (Cheeseman, 2010). Directors and managers are responsible for misconduct, monetary losses, unfair dismissal, and employee discrimination. With Riordan’s compliance plan the organization can execute and address situations such as what rights employees have, along with who to turn

Human Resources

1432 words - 6 pages position must join the pension fund and employees in the bargaining unit must join the provident fund. The company makes a contribution to the pension fund that is valued at approximately twice that of the provident fund. However, all the employees in the senior bands are white and all the employees in the bargaining unit are black. That constitutes indirect discrimination and is unfair, as although the rules don't mention racial groups, the effect

Example Induction Pack

2715 words - 11 pages Discussed | | | | Hours, breaks, method of payment | | | | Clocking on/flexitime/reporting procedures | | | | Pension arrangements | | | | Time in work | Grievance and disciplinary procedure | | | | Internet/ email/ telephone and social media | | | | General behaviour (inc. attendance, timekeeping and work relationships)/dress code | | | | Expenses | | | | Time away from work | Holidays and other requests for

Judicial Politics and Behavior

2427 words - 10 pages invalidated for violation of Live Poultry Code. It was viewed as unfair competition law that was signed in the year 1934 by president  Franklin D. Roosevelt pursuant to another section of National Industrial Recovery Act. The president had been given the mandit to formulate codes of fair competition that would suit any industry that would to affectuate policy of the law. Someone charged with violaton of the law was not given right to be heard at

Hr Manual Template

5843 words - 24 pages every employee with >X< Training days annually. PROBATION Guidance note (delete this later): Probation periods can vary. Check the relevant award or workplace agreement for guidance. The Fair Work Act 2009 provides for a minimum qualifying period of six months in businesses of 15 employees and over or 12 months for small businesses under 15 employees, before an employee is protected from unfair dismissal provisions. From I January 2011, the way

Retention Policy

4724 words - 19 pages May 26, 1947, P.L. 318, as amended and re-enacted, 63 P.S. § 9.1 et seq.Regulations of the State Board of Accountancy, 49 PA. CODE § 11.1 et seq.If you require special accommodation in downloading or viewing a form, please e-mail the BPOA Webmaster at RA-BPOA@pa.gov. | State Board of Accountancy  P.O. Box 2649, Harrisburg, PA 17105-2649  Phone - (717) 783-1404  Fax - (717) 705-5540  ST-ACCOUNTANCY@pa.gov  Modified Date: 06/21/2012 08:12

Shangri-La's Fijian Resort

2287 words - 10 pages . Brett Taylor was definitely needed to consider about it without being unfair with the other staff and keep strict to the rules. 2.0 Problem Statement The main problem is that the employee breaks the work’s codes of ethics and misbehaviors. Breaking of Work’s Codes of Ethics Salome Suacake, who worked as trainee waitress at the Lagoon Terrace Restaurant, was caught short-changing the customers and kept the money when customers

Err - Understand Employment Responsibilities and Rights in Health, Social Care or Children’s and Young People’s Settings

3156 words - 13 pages would report any concerns about dishonesty or impropriety to my Line Manager or Team Leader. A worker can’t be dismissed because of whistleblowing. If they are, they can claim unfair dismissal and they’ll be protected by law as long as certain criteria met. Bvi Explain how your role contributes to the overall delivery of the service provided. I provide support as detailed in the service users care plan, to enable

Employee Relations Management

2963 words - 12 pages , good faith performance, work with dignity, freedom from discrimination and harassment, a safe and healthy workplace, workplace democracy, union membership and representation, protection from unfair dismissal, fair minimum standards, fairness and balanced industrial bargaining and effective dispute resolution (Bromberg & Irving, 2007, pp. 146-147). The reported incident of five Chinese building workers being paid less than $3 a day (C1

Related Papers

Human Resources Management Essay

4911 words - 20 pages , verbal abuse, and use of company’s property for personal use (employeedismissal.net 2011). Before a dismissal notice or letter is given to an employee, there are certain steps an employer must take note of. . Check the date of the employee’s contract to determine the length of time employed . Make sure the dismissal is not connected to any discriminatory process . Any to do with unfair reason . Reasons must be given within the contract

Workbook Review Questions

3103 words - 13 pages employment that is • Harsh, unjust, or unreasonable or • without a valid reason; and • the dismissal was not a case of genuine redundancy, and • the dismissal was not consistent with the Small Business Fair Dismissal Code, where the employee was employed by a small business. Unfair Dismissals Claims can not be made if the employer employees less than 15 employees and does not follow what Code? Jan. 1, 2011 a small business employer

Manage People Performance Essay

2097 words - 9 pages . Under the Fair Dismissal Code, employees of small businesses (less than 15 employees) cannot make a claim for unfair dismissal in the first 12 months after being hired. Employees of larger businesses are able to make a claim for unfair dismissal at 6 months. In Sam’s case, in order to terminate her in the correct way, the entire process starting from the identification of non-performance, through to the support measures and follow-up action and eventually a notice of termination when the organisation had not been able to identify satisfactory improvement should have been followed and documented.

Diminished Performance A Case Study

1124 words - 5 pages , there is the risk that Sam could ask the Union to get involved. If termination is not conducted properly, there is the risk of Sam claiming unfair dismissal against her company. 3. How should the problem be handled? Sam’s Manager first needs to speak to the Human Resources Department to see what steps needs to be taken to ensure Sam is performance managed correctly. 4. Process of Termination 4.1. Poor Performance Process After discussing