Unfair dismissal
Unfair dismissal occurs where a worker is sacked (or threatened with the sack) by their employer and they believe the action is harsh, unreasonable or unjust.
If your employer works within the
You must act quickly. An unfair dismissal claim must be filed (lodged with the Commission) within 21 days because the matter needs to be dealt with as soon as is practical so that:
-
witness recollections are fresh and the people involved in the dismissal will usually be available
-
if re-instatement of the employee is ordered, this can occur with limited adverse effect on the employer's business.
The Commission will consider whether:
-
a reason was given for the sacking
-
the employee was given an opportunity to give an explanation or to justify their reinstatement or re-employment
-
a warning of unsatisfactory performance was given by the employer to the worker.
The process
The first step in an unfair dismissal case being heard by the Commission is conciliation. This is where both parties meet and put their side of the story and try and resolve the issue by agreement without proceeding to a formal court hearing.
A claim will not proceed to a court hearing unless all reasonable attempts to settle by conciliation have been made by the parties involved.
If the employee and employer cannot agree, the matter will proceed to a court hearing where an independent party, the Commission, will make a decision (arbitrate) based upon the evidence given.
Need more information?
The OIR can provide information about your unfair dismissal rights. Contact the OIR on 131 628.
