Small Business Fair Dismissal Code; summary dismissal

The Fair Work Act provides an absolute jurisdictional defence to a small business employer which dismisses an employee in accordance…

Read More →

Unfair dismissal and the Small Business Fair Dismissal Code

The Small Business Fair Dismissal Code provides that it is fair for an employer to dismiss an employee without notice…

Read More →

Unfair dismissal and the Small Business Fair Dismissal Code

The Small Business Fair Dismissal Code provides that “Summary Dismissal It is fair for an employer to dismiss an employee…

Read More →

The Small Business Fair Dismissal Code checklist

“Although not forming part of the Code, there is an accompanying ‘Checklist’ document intended to serve as a tool to…

Read More →

Onus of proof in small business dismissals

“I have considered the principles discussed in authorities including Pinawin T/A RoseVi.Hair.Face.Body v Domingo [2012] FWAFB 1359, and in Ryman…

Read More →

Summary dismissal by a small business employer; the requirements

Summary dismissal by small business; the requirements The summary dismissal aspect of the Code was considered by the Full Bench…

Read More →

Counting employees of overseas entities for jurisdiction issues

Counting employees of overseas entities to determine whether a business is a small business employer “He says that Nelson JA…

Read More →

Summary dismissal by small business

Summary dismissal by small business The relevant section of the small business fair dismissal code is as follows: “Summary dismissal…

Read More →

The Small Business Fair Dismissal Code standard of proof

It is a complete defence by a small business to an unfair dismissal case that the small business (a national…

Read More →

When will company directors be employees of the business?

Directors of companies who have no executive or management roles (ie who do not draw a wage or other remuneration…

Read More →