Small business exclusions and limitations page 1 of 2

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


FWC permits dismissal claim against deregistered company

After confirming a company's deregistration is no barrier to determining an unfair dismissal claim, the FWC has found the sacking complied with the small business dismissal code but has referred "questionable practices" to the ATO and Home Affairs.

Compensation after pregnant bookkeeper's "cavalier" sacking

The FWC has ordered an accounting firm to compensate a bookkeeper sacked in a "hopelessly cavalier" fashion via email while pregnant and holidaying overseas, rejecting the employer's claim it was a genuine redundancy.

Repeated mobile use did not warrant instant sacking

A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.

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.