Unfair Dismissals and Denial of Contractual Benefits
The Industrial Relations Act 1979 allows for a person, who is or was an employee, to make a claim to the Commission that they have been:
(i) harshly, oppressively or unfairly dismissed from employment; and/or
(ii) denied by their employer a benefit, not being a benefit under an award or order, to which the employee is entitled under their contract of service.
If you wish to make a claim to the Commission, you must complete comply with the following procedures:
- Complete and file a Form 2 - Unfair Dismissal Application, or complete and file a Form 3 - Contractual Benefit Claim.
- The applicant can lodge their Form 2 and/or Form 3 in person at the Commission’s Registry. The filing fee is $50.00 for an unfair dismissal application and/or contractual benefit claim.
- Alternatively, an unfair dismissal application and/or contractual benefit claim may be lodged electronically via the Commission's online lodgement system.
- Relevant application number(s) are allocated and a copy of your Form and/or Form 3 will be returned to you for your records. The original is retained for the Commission's file.
- There is no need for you to send a copy of your Form 2 and/or Form 3 to your employer. The Commission’s Registry will do this for you.
- The employer has 21 days from the date they receive Form 2 and/or Form 3 to respond.
- If the employer chooses to respond to an unfair dismissal application, they must complete a Form 2A - Employer Response to Unfair Dismissal. If they are responding to a contractual benefit claim, and employer must complete a Form 3A - Employer Response to Contractual Benefit Claim.
- The employer can lodge their Form 2A and/or Form 3A in person at the Commission’s Registry.
- Alternatively, they may lodge those forms electronically via the Commission's online lodgement system.
- A copy of the employer’s response(s) will be returned to them for their records. The original is retained for the Commission's file.
The Commission’s Registry will then send you a copy of the Form 2A and/or Form 3A. Following that, you and the employer will be contacted by the Commission to arrange to have your matter(s) dealt with. Usually, this would involve the Commission scheduling a conciliation conference between the parties to assist them to resolve the issue.
