Small business exclusions and limitations page 1 of 2

14 articles are classified in All Articles > Termination of employment > Small business exclusions and limitations


Compensation based on "barest of evidence": FWC bench

An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.


Tribunal member's questions leading, but not unfair: Bench

An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.

Compensation pared to maintain employer's viability

The FWC has substantially reduced the compensation payout to an underpaid sacked 457 visa worker because ordering a larger amount might have threatened his employer's viability.


Union official's summary sacking fair under small business code: FWC

The Flight Attendants Association has successfully claimed a small business exemption from a manager's unfair dismissal claim on the basis elected officials are not employees, the FWC finding that in helping draft a ROC complaint she defied reasonable directions not to discuss the secretary.

HR expert's "incorrect" advice to wife scuttles dismissal claim

A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.

Rework "confusing" small business dismissal code: FWC

A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.

Lack of HR expertise costs small employer

"No human resources specialist would have recommended" the manner in which a company dismissed a worker after his "appalling conduct" when he swore in a vulgar way at his boss, the FWC has found.

Tribunal backs dismissal for threat to "fix up" boss

An Irish visa worker sacked for threatening his boss has failed to persuade the FWC he meant no harm when he said "I'll fix you up" in a phone call that resulted in his summary dismissal.