LABOR’S UNFAIR DISMISSAL LAWS ARE UNFAIR ON JOB CREATION

Senator for Queensland, Senator Sue Boyce, today called on the government to
change the definition of a small business used in the unfair dismissal laws to
businesses employing up to 50 full-time workers.
Under Labor’s Fair Work Bill being debated in the Senate this week, a business
will be exempt from an unfair dismissal claim for 12 months if it employs 15 or
fewer employees. The number of employees is determined by headcount and will
include part time or casuals working only a few hours a week.
“At a time when unemployment is expected to rise dramatically, the Rudd Labor
Government should be encouraging job creation and retention rather than
bringing in laws that will ensure many businesses will limit their employees to 15.”
“Under Labor’s proposals, a busy sandwich bar with just two full-time workers and
13 casuals has to meet the same technical and legal requirements as a
multinational,” Senator Boyce told the Senate.
She said the Australian Bureau of Statistics (ABS) used 20 employees in its
definition of a small business.
“But it would be far better to use the definition used by the OECD, the World Bank
and the International Labour Organisation and that’s 50 employees.
“If the Rudd Labor Government is serious about recognising the limited capacity
and resources of small business, they will amend this provision to 50.
“If Minister Gillard insists on retaining 15 workers or any kind as the threshold, she
should just have the courage to say she wants to get rid of the unfair dismissal
protection for small business altogether,” Senator Boyce said.