Under unfair dismissal NSW laws, a termination is ‘unfair’ if it was:
- ‘harsh’, ‘unjust’, or ‘unreasonable’,
- not a genuine redundancy, or
- not consistent with the Small Business Fair Dismissal Code (for employees of small businesses).
When can an employee lodge an unfair dismissal NSW claim?
An employee can lodge a claim if the:
- employer did not follow the correct procedures when terminating the employee,
- employer did not settle entitlements due, or
- rights of the employee were denied.
Unfair dismissal NSW laws
As of 1 January 2010, all employees are covered by the national workplace relation systems administered by the federal government. The Fair Work Commission decides on all unfair dismissal claims.
State public sector employee and local government employees are still represented by the NSW industrial relations system and are eligible to lodge an unlawful dismissal claim if they are covered by a state industrial award or enterprise agreement or they are award-free and earn more than $138,900.
If you require personalised information about your status or rights, you must seek the independent legal advice from a NSW unfair dismissal lawyer.
How claims are lodged
An employee who was terminated and wants to lodge an unfair dismissal claim has up to 21 days from the time he/she was terminated to put in the claim.
The Fair Work Commission website has information on the type of forms to complete. Claims can be lodged online.
Process after lodgement
A letter is sent to the employer and time is given for them to respond. Both parties are invited to a telephone conciliation process which is moderated by a Fair Work Commissioner. If conciliation fails, then the case may go to a conference or a hearing.
Unfair dismissal lawyers for legal representation
Any employee intending to lodge an unfair dismissal claim against their employer should get legal advice from an employment lawyer (also known as an unfair dismissal lawyer). An employment lawyer can provide valuable advice on your legal rights and entitlements. Employment lawyers can assist with resolving disputes and help you complete the relevant paperwork. An employment lawyer can also represent you before the Fair Work Ombudsman as well as in court.