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

4. THE NSW SYSTEM (continued)

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

Not all employees who are covered by the NSW system are eligible to make a claim of unfair dismissal.

The following categories of employees cannot make a claim for unfair dismissal under the NSW Industrial Relations Act:

1. Workers who are not employees but contractors;
2. Employees under a contract of employment for a specified period of time that is less than six months;
3. Employees engaged under a contract of employment for a specified task;
4. Employees engaged on a casual basis for a short period;
5. Employees serving a probation or qualifying period of three months or less;
6. Employees who are apprentices or trainees;
7. Employees who are covered by a federal award if they are entitled to make an application to the Australian Industrial Relations Commission for unfair dismissal (see section 3 - The Federal System);
8. Special temporary employees of political office holders; and
9. Employees who are not covered by an award or enterprise agreement and who have a salary package valued at more than the prescribed amount.

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