Thursday, 27 August 2020

What is a small business for the purpose of an unfair dismissal appeal?

A small business is a business that employs fewer than 15 employees. 

The number of employees is determined by a headcount of all full-time and part-time employees. Casual employees employed on a regular and systematic basis are also included in the count. 

Associated entities of the business are taken to be one entity.

Unfair Dismissal Appeal

Unfair Dismissal Appeal - What is a Small Business

To avoid doubt, in determining whether a business is a small business at a particular time in relation to the dismissal of an employee, or termination of an employee’s employment, the employees that are to be counted include: 

  • the employee who is being dismissed or whose employment is being terminated, and 
  • any other employee of the employer who is also being dismissed or whose employment is also being terminated.

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