This website applies only to residents and the law of New South Wales, Australia.

1. INTRODUCTION

1.1 So you think you have been unfairly dismissed

Do you think you have been unfairly dismissed from your job? If so, there may be something you can do about it. There are both federal and New South Wales unfair dismissal laws that allow you to make a claim to get your job back or to be compensated if you have been unfairly or unlawfully dismissed.

The state and federal industrial laws have different procedures for unfair dismissal claims. Applications under the state laws are made under the NSW Industrial Relations Act 1996 (IRA) and lodged in the NSW Industrial Relations Commission.  Applications under the federal laws are made under the federal Workplace Relations Act 1996 (WRA) and lodged in the Australian Industrial Relations Commission.

Under the federal Workplace Relations Act, sacked workers can also make claims for unlawful termination as a result of discrimination by the employer, and for payment in lieu of proper notice.

This guide looks at both the state and federal laws and provides a step-by-step overview of how each system works.

Separation Certificate

If you have been dismissed, you should request a separation certificate from the employer. This is a document used by Centrelink to determine what payments if any should be made to a dismissed employee. Depending on the type of payment being sought and the client's particular circumstances, a separation certificate may not be required. Speak to Centrelink to see if they require a separation certificate.

Reasons in writing

Ask the employer for reasons for the dismissal in writing. The employer is not obliged at law to give reasons in writing. However, if the employer provides written reasons it makes it easier to assess your position in relation to a possible claim for unfair dismissal, unlawful termination or discrimination.

Make notes of what happened

If you are dismissed, as soon as possible make notes of:

• any events leading up to the dismissal and any witnesses to those events;
• the dismissal itself; and
• any contact between you and the employer or witnesses after the dismissal.

Put dates, times and places on these notes.

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