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1. INTRODUCTION

1.1

 

So you think you have been unfairly dismissed?

1.2

 

Get advice early and act quick - TIME LIMITS

1.3

 

Where can I get advice?

1.4

 

Other remedies

 

2. CHECKLIST – find out whether you should use the New South Wales or Federal system

 

 

Step 1: Work out who was your employer

 

 

Step 2: Work out whether your employment was covered by state or federal award or agreement

 

 

Step 3: Work out if you were employed by a "constitutional corporation"

 

 

Step 4: Complete the following CHECKLIST to determine if you are able to bring a claim in the state or federal systems

 

3. THE FEDERAL SYSTEM

3.1

 

What is unfair dismissal in the federal system?

3.2

 

Who can make an unfair dismissal claim in the federal system?

3.3

 

Who cannot make an unfair dismissal claim in the federal system?

3.4

 

What is unlawful termination in the federal system?

3.5

 

What is a claim for termination without notice in the federal system?

3.6

 

Time limits

3.7

 

How to make a claim in the federal system?

3.8

 

What are "jurisdictional issues"?

3.9

 

Conciliation

3.10

 

Arbitration at the Australian Industrial Relations Commission

3.11

 

Hearings in the Federal Court or Federal Magistrates Court

 

4. THE NEW SOUTH WALES SYSTEM

4.1

 

What is unfair dismissal in the NSW system?

4.2

 

Time limits

4.3

 

Who can make an unfair dismissal claim in the NSW system?

4.4

 

Who cannot make an unfair dismissal claim in the NSW system?

4.5

 

How to make a claim in the NSW system

4.6

 

Conciliation

4.7

 

Arbitration

4.8

 

Remedies: What orders can the IRC make?

4.9

 

Costs

4.10

 

What is a claim for termination without notice in the NSW system?

 

5. WHERE TO GET HELP

 

6. LEGAL TERMS AND ACRONYMS

 

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