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

4. THE NSW SYSTEM (continued)

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

What should I do if my employer doesn't give me notice or payment instead of notice?

If you were dismissed with no notice or insufficient notice or inadequate payment in lieu of notice, but otherwise accept that your employer was entitled to dismiss you, contact your union or the NSW Office of Industrial Relations for advice on recovering the correct payment (see section 5. Where to get help).

If you are covered by a NSW award, the Office of Industrial Relations will require you to complete a complaint form outlining what payment in lieu of notice you were owed (and any other outstanding entitlements such as long service leave and annual leave), and what award you are covered by. They will then write on your behalf to your employer to collect the money owed to you. You should receive a copy of this letter. The Office of Industrial Relations will advise you to notify them again if you don't receive your entitlements within 28 days.

For more information about this complaint procedure, call the Office of Industrial Relations on 131 628.

If this doesn't result in payment of the money owed you can claim the money as a debt in the Local Court or the Chief Industrial Magistrate's Court. The time limit for doing this is 6 years from the date that the payment in lieu of notice should have been paid to you.

For further information on these options see the Recovering Unpaid Wages Guide on the Office of Industrial Relations website.

If you believe you were unfairly dismissed in addition to not receiving the correct notice, you may be able to resolve these two issues together at conciliation. This avoids the need to make a separate complaint or claim (as described above). If you are represented by a union, it can make a claim on your behalf for payment in lieu of notice, together with your unfair dismissal claim.

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