ARTICLE · 27 NOVEMBER 2008

1 July 2009 Start Date For New Fair Dismissal Code For Small Business

Norton Rose Fulbright Australia

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On 18 September 2008, Workplace Minister Julia Gillard unveiled the Rudd Government's proposed new unfair dismissal laws that will allow companies with less than 15 employees to terminate an employee's employment after giving them one warning and time to improve their behaviour.

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On 18 September 2008, Workplace Minister Julia Gillard unveiled the Rudd Government's proposed new unfair dismissal laws that will allow companies with less than 15 employees to terminate an employee's employment after giving them one warning and time to improve their behaviour.

The Labor party proposes to replace the Howard Government's WorkChoices regime in which every business with 100 employees or less is exempt from unfair dismissal laws.

Under the new scheme, which is intended to come into effect on 1 July 2009, a small business employer will be able to dismiss an employee with less than 12 months' service at any time without consequence.

Once the 12 month period has passed, to fairly dismiss an employee, small business employers will have to comply with a new Fair Dismissal Code for Small Business which includes a checklist.

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