Unfair dismissal: a returning concern for SMEs

Abstract

The Rudd government’s proposed unfair dismissal exemption for small businesses with fewer than 15 employees from a claim if the employee worked for the business for less than a year returns to the forefront the dismissal practices of small and medium sized enterprises (SME). This article discusses the results of research into unfair dismissal decisions for businesses employing up to 50 staff, 50 to 100 staff and over 100 staff. It concludes with a discussion of procedurally fair termination processes.