If a small business employer terminates an employee’s employment, it cannot be regarded as an unfair dismissal if the employer has followed the Small Business Fair Dismissal Code.

A small business employer is an employer of fewer than 15 employees.

On 1 January 2011, the way that the number of employees is calculated changed. The method is now a simple head count of employees. It does not matter how many hours an employee works.

The head count includes full-time and part-time employees and casuals employed on a regular and systematic basis. It also includes employees of associated entities.

A copy of the Small Business Fair Dismissal Code is available at www.fairwork.gov.au.