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The meaning of a small business employer is in section 23 of the Fair Work Act 2009 (Cth). We'll break down the legal definition for you and why it matters below.
In a nutshell, you are a small business employer if you have less than 15 employees.
And why should this meaning matter to you?
Well, the meaning matters to you because:
Now, here's who you can count as an employee:
And, in the case of employee dismissal, if that employee makes a claim with the Fair Work Commission, count them and others you have let go at that time.
Don't worry, regular and systematic is not a complex concept, we'll explain that next.
Below is a breakdown of regular and systematic:
And if there is no clear pattern or roster, the existence of these factors is enough:
So now you know why the definition matters, it's wise to learn what resources exist to help you hire and dismiss employees when you need to, confidently.
Below are some useful resources for a small business dismissal and redundancy:
Do you need help from an Australian business lawyer for startups? Contact us today for help on firstname.lastname@example.org or 1300 478 278 Australia wide or on +61 2 9151 7233 from overseas. We are always glad to help.
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