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  • #1000213
    • Total posts: 5

    Hi all,

    I’m co-founder of a small IT business. I had quite a contractors over time and made the big step of a permanent employee recently. The permie is now just after his probationary period and his conduct and performance just aren’t a good match. [Yes, should have tackled that during the probationary period, but my business partner wasn’t ready for it].

    So we are thinking about letting the employee go. If read on the FairWork website that a small business cannot be made an unfair dismissal claim against in the first 12 month of an employment. (see Small-Business-Fair-Dismissal-Code, https://www.fairwork.gov.au/ArticleDocuments/715/Small-Business-Fair-Dismissal-Code-2011.pdf.aspx).

    Does that mean I can give notice without a warning? The steps in the guide are not 100% clear to me.
    To be clear, there have been verbal and informal discussions and I want to do the right thing.

    Curious for your advice and also experiences as I hear many scary stories from medium sized businesses…


    Paul – FS Concierge
    • Total posts: 3,127

    Hi and welcome to Flying Solo Thomas.

    Making a mis-step here could be disastrous.

    Either call Fair Work and seek clarification (in writing preferably – at least a guide they publish or a website link with very clear information), or consult and industrial lawyer.

    Do these things before taking your next steps.


    • Total posts: 5

    Thanks Paul.

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