Unfair law toxic for small businesses

Some will argue that there are provisions in the act for them to be dismissed fairly. That is true, but it is rare because there is no way to legislate for the thousands of incidents in the workplace that can lead to dismissal. It's like legislating for disputes in marriage. Then try catching a thief. It's nigh on impossible.

Leaving aside misdemeanours and criminal behaviour, what if you just don't get on? What if staff members are doing their job but you can find someone who can do it better?

Unfair? Unlucky? Definitely, and it's difficult for most employers, who hate dismissing anyone, but for a business to survive sometimes it is unavoidable. Provided the person laid off receives their entitlements, the employer has fulfilled their responsibilities to the employee and the business.

Reverse the situation. What happens when an employee of many years, who has been well paid and well treated, gives notice for any number of reasons: better pay, fewer hours, promotion? Should they be stopped and forced to pay the boss for their unfair departure? The idea is absurd.

The depressing part about this debate is that the Coalition, while opposing unfair dismissal, has argued about numbers, not the principle: the right of employers to choose their staff.

What sort of person becomes a small-business person? Usually someone who, after a number of years as an employee, decides to strike out on their own. Making money is important but not the sole factor. They invest their life savings, mortgage their home and double their workload to be their own boss.

What can go wrong usually does: 70 per cent don't make it through the early years. Forget the 38-hour week, it's 60, 80 or more.

When the wheels fall off, as they do periodically, it's sleepless nights trying to work out how to pay the interest, wages and rent, and handle government red tape.

Most wonder what possessed them to leave the safety of permanent employment and the benefits that go with it: regular wages, holidays, sick leave. Those are long gone.

Their leisure time is now taken up filling out forms for the GST or worrying what governments will impose next.

There are 1.88 million small businesses in Australia with 3.75 million employees. They are the backbone of our free enterprise system, which, despite all its failings, is light years ahead of the alternative.

I'm amazed the Government doesn't recognise the burden it is placing on small business by not allowing them to employ whoever they wish.