Time Limits for Unfair Dismissal Applications
Did you know that if you have been unfairly dismissed; our employment lawyers can give you advice on making an application to Fair Work Australia if you are covered by the Federal industrial relations system or the Queensland Industrial Relations Commission if you are covered by the State industrial relations system?
It is important to know which workplace relations system you are covered by. In Queensland, all private sector employees are covered by the Federal system. All public sector and local government employees are covered by the State system.
There is an important difference between the two systems in relation to the timeframes within which an application for unfair dismissal must be made.
If you are covered by the State system, an application must be made within:
· 21 days after the dismissal takes effect; or
· A further period as the Commission allows on an application made at any time
Under the Federal system, an application must be made within:
* 14 days after the dismissal takes effect; or
* A further period as allowed by FWA if it is satisfied that there are exceptional circumstances
There are only a few recent cases which discuss what is required for the ‘exceptional circumstances’ test to be satisfied. While the circumstances which result in a late application being accepted as ‘exceptional’ are not clearly defined, it is clear that this requirement provides a tougher hurdle than the State system, and also that which existed under the previous Federal Workplace Relations Act.
If you think you have been unfairly dismissed, make an appointment with our employment team as soon as possible to ensure you obtain the correct advice and an application is made within the required timeframe.
Posted on 8th March 2010
