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

4. THE NSW SYSTEM (continued)

4.5 How to make a claim in the NSW system?

The process for making an unfair dismissal claim is summarised here, with more detail following:

1. The employee completes and files form 7A "Application for relief in unfair dismissal" with the IRC registry within 21 days of being dismissed.
2. The IRC sends a copy of the application form to the employer.
3. The employer files a response to the application and the IRC sends this response to the employee.
4. The IRC will notify the employee and employer of a date to attend the IRC for conciliation.
5. A conciliation meeting will be held before a Commissioner.
6. If the claim is not settled at conciliation, the Commission will make directions to the employee and employer to prepare for a hearing.
7. An arbitration hearing is held before a Commissioner.

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