Unfair dismissal laws still unclear

Small businesses are underestimating the scope of new unfair dismissal laws as the new Fair Work Act has reduced the number of businesses previously protected from unfair dismissal claims.

Changes to treatment of part time and casual employees means they are now treated as full-time, regardless of their work hours.

“Businesses with fewer than 15 employees are considered to be small businesses and have some protection when it comes to unfair dismissal claims as employees must work for at least 12 months before they can take action for unfair dismissal.”

For companies that do qualify as small businesses, employers must follow the Small Business Fair Dismissal Code which outlines summary dismissal and other dismissal procedures.

Have you had any issues with the new provisions in the Fair Work Act? Has it affected your plans for dismissal of employees in any way?