Appeals process
If you are covered by Queensland’s industrial relations system and believe you have been unfairly dismissed you can lodge an application for reinstatement with the Queensland Industrial Relations Commission.
This needs to be done within 21 days of the dismissal.
When the Industrial Registrar receives your application, the circumstances of your employment will be checked to determine whether you are excluded from the unfair dismissal provisions of the Industrial Relations Act 1999 (PDF, 1.9 MB).
If the Industrial Registrar believes you are excluded, you’ll be advised in writing.
If your application proceeds, there’ll be a conciliation conference first. This gives the employer and employee a chance to work things out and come to an agreement in a controlled, impartial setting.
Most unfair dismissal cases are sorted out at the conference stage.
If conciliation fails, the Industrial Commissioner may:
- recommend the application be discontinued or
- hear the case and make a decision.
If the dismissal is found to be unfair, the Queensland Industrial Relations Commission (QIRC) may:
- order the employee be reinstated to the position previously held or
- order re-employment in another position or
- order compensation be paid to the employee if reinstatement or re-employment aren’t practical.
Frivolous or malicious applications or those without reasonable cause will end up costing the applicant.
Last updated July 21, 2009
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