ARTICLE · 30 SEPTEMBER 2020

Employers should heed Small Business Fair Dismissal Code when sacking employees

Stacks Law Firm

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How an employer goes about sacking a worker could be crucial to determining whether the worker receives compensation.

AustraliaEmployment and HR

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How an employer goes about sacking a worker can be crucial to determining whether the worker receives compensation. If you own a small business, defined by Fair Work Australia as one that has fewer than 15 employees, and you wish to terminate an employee, you must strictly adhere to the Small Business Fair Dismissal Code.

Sacked martial arts instructor awarded thousands in compensation

A recent case decided in the Fair Work Commission demonstrates that although there was a valid reason for the dismissal of an employee, the method the employer used resulted in the sacked worker being unfairly dismissed and receiving thousands of dollars in compensation. (See Saar Markovitch v Krav Maga Defence Institute Pty Ltd T/A KMDI [2019] FWC 7365.)

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