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

4. THE NSW SYSTEM (continued)

4.2 Time limits

Your unfair dismissal claim must be lodged with the IRC within 21 days from the date of your dismissal. In the case of a threatened dismissal, you can apply before termination actually occurs.

The IRC has a discretion to accept late applications if there is a good reason for the delay. It may consider:

• the reason for the delay;
• the length of the delay;
• any hardship that may be caused to you or your employer if the application is or isn't rejected;
• your employer's conduct in relation to the dismissal or threat of dismissal; and
• other matters that the Commission considers appropriate, such as the strength of your case.

Late applicants will need to provide an extra sheet with their application which provides reason for the delay.

HOME PAGE