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Unfair Dismissal

How is a dismissal unfair?

A dismissal is unfair when it is "harsh, unreasonable or unjust". In dealing with a claim, the Commission may take into account:

• whether a reason for the dismissal was given
• the nature of the reason (for example, whether discrimination was involved)
• whether the applicant was given an opportunity to give an explanation or to justify his or her reinstatement or re-employment
• whether a warning of unsatisfactory performance was given
• the nature of the duties performed by the employee.

The Commission may also take into account any other matters that it considers relevant.

Who is eligible to make an unfair dismissal application?

In general, the unfair dismissal provisions of the Act apply to:

• employees whose conditions of employment are set by a NSW award or enterprise agreement
• NSW public sector employees
• employees whose work is not covered by an award and who earn less than $101,300 per year (this amount is automatically indexed on 1 July each year).

If you require any more information on Unfair Dismissal or you wish to lodge a complaint, you can contact the Industrial Relations Commission on 02 9258 0866 or you can visit their website at www.lawlink.nsw.gov.au/ir.nsf/pages/index.

# Please be advised that the staff at the commission cannot advise you about the strength of you claim.