Robyn Anderson posted on July 20, 2010 15:37
Following Fair Work Australia's recent criticism of the Small Business Fair Disimissal Code, a new version of the Code has been released today by the Labor Government. The changes follow FWA Senior Deputy President Matthew O'Callaghan's comment in April that the Code was of "dubious value".
The revised Code now gives additional information on redundancy and employer responsibilities with regard to employee requests for a support person at meetings in which their termination is being considered. New introductory text is also included that explains that "completing the checklist does not mean that the Code has been complied with", an important point for business owners and managers to heed.
The new Code and recent decisions at Fair Work Australia highlight that not only is a valid reason for dismissal important but just as important is adherance to procedural requirements.
HR Navigation strongly encourages any employer considering termination of an employee to obtain professional advice to ensure that they do not inadvertently leave the business vulnerable to an unfair dismissal claim.
To download the new version of the Small Business Fair Dismissal Code, click here.