Unfair dismissal in NSW: two systems, not one
New South Wales runs two systems. Which one you are in depends on who employed you, and it decides where you lodge.
For most people in NSW the answer is the Fair Work Commission and the federal rules. For state public sector and local government employees, it is the Industrial Relations Commission of New South Wales.
Most NSW employees are in the national system
If you worked for a private sector employer in NSW, your unfair dismissal claim goes to the Fair Work Commission. New South Wales referred its private sector industrial relations powers to the Commonwealth, so there is no state alternative for private sector work.
That means the ordinary rules on this site apply: 21 days to lodge, the minimum employment period, and compensation capped at the lesser of 26 weeks' pay or $95,050.
Start with eligibility and what a claim can be worth.
When your claim goes to the NSW Commission instead
The Industrial Relations Commission of New South Wales handles unfair dismissal for:
- employees of a public authority and members of the public service
- civilian employees of the NSW Police Force, the NSW Health Service and the Teaching Service
- employees of NSW local government
If that is you, lodging at the Fair Work Commission is lodging in the wrong place.
The deadline is 21 days either way
Unlike Western Australia, NSW does not give you longer. The Industrial Relations Commission requires an application to be filed no later than 21 days after the dismissal, the same as the federal deadline. It can extend that where there are sufficient reasons, but do not count on it.
What the NSW Commission can order
The remedies in the state system are worded more broadly than the federal ones. The Commission can order that you be reinstated, or re-employed in another suitable position, and can recognise the period you were out as continuous service. It can also order remuneration for the period between filing and reinstatement, and compensation where reinstatement is not reasonable.
The Commission publishes its own guidance on unfair dismissal.
Where to go from here
If your employer was in the private sector, your claim is federal and the rest of this site applies to you directly.
- What unfair dismissal is and the test the Commission applies
- Whether you are eligible, including the deadline and the minimum employment period
- What a claim can be worth
- What happens after you lodge
- Unfair dismissal or general protections, if you were dismissed for a protected reason
- If you resigned under pressure rather than being sacked
Not sure which applies to you?
Tell us who you worked for and we will tell you which commission your claim belongs in, and what your deadline actually is.
Most of our work is at the Fair Work Commission. We can act in the NSW state system as well, though we take those matters case by case. Either way we will tell you plainly which system yours belongs in, and what your deadline is, before you decide anything.
Call 1800 UNFAIR (1800 863 247). The first call is free and there is no obligation. Monday to Friday 9am to 9pm, weekends 9am to 5pm.