Some significant changes have been made to the Act to enhance
access to remedies for unfair dismissal for employees, but there
are also major changes that will benefit employers. The time limit
within which to commence a claim for unfair dismissal has been
reduced from 21 days to 7 days, meaning that employees will have to
commence proceedings quickly or risk being barred from proceeding.
Time limits can be extended, but there must be "exceptional
circumstances".
Additionally, for "small business employers" (defined
generally as an employer with fewer than 15 employees), a dismissal
will be considered to be "fair" if it complies with the
Small Business Fair Dismissal Code. The content of the Code is not
yet known and will ultimately be the subject of regulation. Best
practice will demand that all small businesses look to adopting the
terms of this document once it is released.
