If you think that you have been unfairly dismissed by your former employer, it may be possible to commence unfair dismissal proceedings in the NSW Industrial Relations Commission.
Dismissal may include threatened dismissal.
Who may lodge a claim?
- employees of private sector employers if dismissed after 1 January 2010
- apprentices or trainees;
- independent contractors;
- employees on a 3 month probation period if determined in advance;
- some casual employees;
- employees on contracts of employment for a specified period of time less than 6 months;
- employees engaged under a contract of employment for a specific task.
What can the Industrial Relations Commission do?
Where the Commission upholds a claim, it may order an employer to:
- reinstate the employee to their former position;
- re-employ the employee in another position that the employer has available;
- provide back pay and other entitlements owing from the time of the dismissal, where reinstatement or re-employment is ordered;
- compensate the employee by ordering payment of an amount not exceeding the remuneration of the employee during the six months before the dismissal, where reinstatement or re-employment is considered impracticable;
- not dismiss the employee, where dismissal has been threatened.
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