Unfair dismissal in QLD runs on two systems
Queensland runs two systems. Which one covers you depends on who employed you, and it decides where you lodge and which exclusions apply to you.
For most Queenslanders the answer is the Fair Work Commission. For state and local government employees, it is the Queensland Industrial Relations Commission.
Most Queensland employees are in the national system
If you worked for a private sector employer in Queensland, your claim goes to the Fair Work Commission. Queensland referred its private sector industrial relations powers to the Commonwealth, so there is no state alternative for private sector work.
The ordinary rules 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 QIRC instead
The Queensland Industrial Relations Commission generally deals with dismissed Queensland state and local government employees, including employees of Parents and Citizens' Associations. A union can make the application on a worker's behalf.
If that is you, lodging at the Fair Work Commission is lodging in the wrong place.
The QIRC has its own exclusions
This is where Queensland differs most, and it catches people out. You may not be eligible to apply to the QIRC if:
- you were on probation, generally within the first three months of employment
- you were a short-term casual, meaning you worked for the employer for less than a year
- you were engaged for a specific period or a specific task
Those are not the same as the federal exclusions. Someone who would be eligible under the Fair Work Act can be shut out in the state system, and the reverse is also true.
The deadline is 21 days
An application must be made within 21 days of the dismissal taking effect, the same as the federal deadline. The Commission may allow longer if it is persuaded there are reasons to.
The Commission publishes its own guidance on unfair dismissal.
Where to go from here
If you are in the national system, which most Queenslanders are, 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 Queensland 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.