ARTICLE · 03 JUNE 2012

Small Business Fair Dismissal Code - summary dismissal for out of hours conduct impacting on work

Gadens Lawyers

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FWA handed down the first full bench decision to consider the requirements of the Small Business Fair Dismissal Code.

AustraliaEmployment and HR

Lisa Stewart

Summary

A Full Bench of Fair Work Australia (FWA) recently handed down the first full bench decision to consider the requirements of the Small Business Fair Dismissal Code (Code). The Code applies to small business employers with less than 15 employees. If an employee of a small business is dismissed in accordance with the Code, the dismissal will not be unfair.

In the decision, the Full Bench found that the termination of a hairdresser by his employer for drug taking that impacted on the employee's capacity to perform his work was consistent with the Code. In doing so, the Full Bench overturned the decision of FWA at first instance, which found that the employee had been unfairly dismissed and awarded the employee 3 weeks' pay.

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