The Small Business Fair Dismissal Code: what is sourced, and what is not
A small business dismissal is measured against this Code instead of the ordinary fairness factors. This site has not read the Code's own text, and says so.
Where an employer is a small business, fewer than 15 employees, an unfair dismissal is defined partly by reference to a separate document: the Small Business Fair Dismissal Code. The Fair Work Ombudsman's guidance flags it directly: "Different dismissal rules for small businesses. The Small Business Fair Dismissal Code helps small business owners follow a fair dismissal process," and frames a small-business dismissal as potentially unfair where it is "not consistent with the Small Business Fair Dismissal Code."
What this site can and cannot tell you
This site has not opened the Code's own published text this session, so nothing here describes a specific step it requires or a specific checklist item from it. What can be said, sourced to the Fair Work Ombudsman, is that the Code exists, is published separately, and small business owners are expected to follow it. If you are trying to work out whether a specific small-business dismissal met the Code's requirements, the Code itself, published by the Fair Work Ombudsman, is the document to read, not a paraphrase of it.
Small business size still matters even where the Code does not directly apply
Separately from the Code, the Fair Work Commission's guidance notes that a small employer's size and access to dedicated human resources expertise is itself one of the factors weighed under the general harsh, unjust or unreasonable test. But it is not a shield: the Commission's own words are that no employer should treat that factor as something to "hide" improper conduct behind.
Where this came from
- Fair Work Ombudsman: Unfair dismissal.
- Fair Work Commission: Size of employer's enterprise & human resources specialists.