Code of Practice

Small Business Fair Dismissal Code

Administered by: Fair Work Commission

When is this code of practice required?

You will be required to comply with this code if you operate a small business. A small business is defined as any business with fewer than 15 employees. This is calculated on a simple headcount of all employees who are employed on a regular and systematic basis.

This code provides protection against unfair dismissal claims, where an employer follows the code. A dismissal will be fair if the employer follows the code and can provide evidence of this.

What resources provide more information?

Task Type Resources
Comply Code of Practice Small Business Fair Dismissal Code and Checklist

What legislation specifies this code of practice?

Fair Work Act 2009 (Australian Government)

Fair Work Regulations 2009 (Australian Government)

Who can you talk to for more information?

Enquiries
Fair Work Ombudsman

 Operating address Level 10
224 Bunda Street and cnr Akuna Street
Canberra
 Phone 13 13 94
 Website Fair Work Ombudsman

Enquiries
Fair Work Commission

 Mailing address GPO BOX X2206
Perth, Western Australia 6001
 Operating address Level 12
111 St Georges Terrace
Perth, Western Australia 6000
 Fax 08 9481 0904
 Phone 1300 799 675
 Email perth@fwc.gov.au
 Website Fair Work Commission

The Small Business Development Corporation does not provide legal advice. The materials present on the SBDC website are provided voluntarily as a service to our clients and do not constitute legal advice. Formal legal advice should be sought when appropriate.

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