Unfair Dismissal

As of 1 January 2010, this information only applies to the state public sector (including most Government Business Enterprises) and local government entities. For further information please refer to Industrial Relations.

The Fair Work Act 1994 provides that an employee who feels that his or her employment was unfairly terminated has a right to apply to the Industrial Relations Commission for relief.

Unfair dismissal claims need to be lodged with the relevant Industrial Relations Tribunal within 21 days under the State industrial relations system and 14 days under the Federal industrial relations system, beginning the date after termination took effect.  Employees making lodgement inquiries regarding unfair dismissal are able to contact the Tribunal on the following telephone number(s):

• employees covered by the federal industrial relations system contact Fair Work Australia on 1300 799 675
• employees covered by the state industrial relations system contact the Industrial Relations Commission on (08) 8207 0999

View more information about unfair dismissal from the link below.

From 27 March 2006, employees of constitutional corporations are covered by the Federal industrial relations system. For information and/or advice relating to Federal unfair dismissal laws, please contact the Fair Work Infoline on 13 13 94.

Employers who are not constitutional corporations may include sole traders, partnerships, certain state government public sector employers and corporations whose predominant activity is not trading or financial.