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

4. THE NSW SYSTEM (continued)

4.1 What is unfair dismissal in the NSW system?

Under the NSW Industrial Relations Act 1996 an unfair dismissal is one that is harsh, unjust or unreasonable.

The Industrial Relations Commission will consider the following matters in deciding whether a dismissal was unfair:

whether there was a reason given for the dismissal or threatened dismissal and if it was a valid reason;
whether you were given a warning of unsatisfactory work performance before being dismissed or threatened with being dismissed;
whether you were given an opportunity to respond to any warning or complaint related to your work performance or conduct;
whether you asked your employer to reinstate or re employ you and were refused and if so, whether a satisfactory explanation was given;
the nature of your duties immediately before you were dismissed or threatened with being dismissed, compared with the likely nature of your duties if you were to continue or be reinstated; and
whether you were given notice or payment in lieu of notice.

The Commission can take into account any other matters it considers relevant.