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?

Employees serving a probation or qualifying period of three months or less

Employees serving a probation or qualifying period of three months or less (or if the probation period is more than the three months and is reasonable in regard to the nature and circumstances of the employment).

Stanley was employed as a senior manager in a large firm. His position was highly paid and encompassed a broad range of complex activities. His contract stipulated a six month probationary period (the maximum allowable). Because of his high wages and seniority, and the complex position, this was considered a reasonable period in regard to the nature and circumstances of the employment.

Veronica was employed on a process line requiring her to complete a small number of highly repetitive tasks. A period of probation longer than three months is unlikely to be considered reasonable.

No extension of the probation period beyond three months will be allowed if the employee was not informed of the possibility of extension BEFORE the employee started the position.

Employees who are apprentices or trainees

You may still be eligible to make a claim if it was not a traineeship agreement or approved traineeship or was not limited in duration to a specified period.

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)

Special temporary employees of political office holders

For example, a Minister or a Parliamentary Secretary or the Leader of the Opposition in the House of Representatives and NSW Police senior executives appointed by the Police Commissioner.

Employees who are not covered by an award or enterprise agreement and who have a salary package valued at more than the prescribed amount

The prescribed amount changes each year on 1 July and as at 1 July 2007 is $101,300. The current prescribed amount can be found on the IRC website.