Changes to Unfair Dismissal and protections for small business workers
The changes to the unfair dismissal jurisdiction introduced by the Fair Work Act 2009 will begin on 1 July 2009. Under the new system, more workers will be entitled to protection against unfair dismissal than was previously the case under the Workplace Relations Act 1996. The Fair Work Act introduces a ‘Small Business Fair Dismissal Code’ which will apply to employers with less than 15 employees, and all permanent or long-term casual employees will be able to make an unfair dismissal application to the newly-established Fair Work Australia if they have been employed for at least six months or, in cases where the employer have less than 15 employees, 12 months.
The 15 employee cap will be phased in, initially applying to a pro-rata equivalent of 15 full time employees, but from 1 January 2011 the cap will be based on a 15 employee head count.
Modernised awards and the revised minimum National Employment Standards will not come into effect until January 2010.
Posted on 8th April 2009
