Archive for November, 2008

Essential, useful, topical information for business

Sunday, November 23rd, 2008


Unfair Dismissal and Forward with Fairness

The federal governments Forwards with Fairness Bill changes workplace arrangements from 1st January 2010.

Presently, unfair dismissal laws do not affect employers with fewer than 101 employees. Under the new legislation, unfair dismissal laws will apply to all employers under the federal workplace laws.

Fair Work Australia will be given significant discretion in how it handles matters. There is a presumption against hearings and a real potential for many matters to be dealt with quite informally, potentially without any appearances by the parties.

The bill provides for some ‘exclusions’. An employee employed within a small business with fewer than 15 employees will be unable to make a claim if the employee has not served at least 12 months of employment.

For all other businesses, an employee must have served at least 6 months of employment.

You will need to update your policies and procedures and inform your employees of these changes before that starting date.