Unfair dismissal in SA: which system, and what changes
South Australia runs two systems. Which one covers you depends on who employed you, and it changes both the exclusions that apply to you and the limit on what you can recover.
For most South Australians the answer is the Fair Work Commission. For state and local government employees, it is the South Australian Employment Tribunal.
Most South Australian employees are in the national system
If you worked in the private sector, for a non-government social or community services organisation, for the Commonwealth Public Service, or for a university, your claim goes to the Fair Work Commission.
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 SAET instead
The South Australian Employment Tribunal handles unfair dismissal where you were employed by:
- the State Government
- a State Government business enterprise
- the local government sector
If that is you, lodging at the Fair Work Commission is lodging in the wrong place.
SAET has its own exclusions and its own limit
South Australia is the state where the two systems diverge most on who is allowed in the door. The Tribunal's own guidance excludes probationary employees, casuals, apprentices, and non-award employees earning above an income threshold that is indexed each January.
The compensation limit is worded differently too. Rather than the federal formula, SAET can order the greater of six months' remuneration or a set amount, also indexed each January. Because both figures move on 1 January, check the current ones against the Tribunal rather than relying on a number you read anywhere else, including here.
The Tribunal publishes its own guidance on unfair dismissal.
The deadline is 21 days
You must make a claim within 21 days of your dismissal becoming effective, the same as the federal deadline.
Where to go from here
If you are in the national system, which most South Australians 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 body your claim belongs in, and what your deadline actually is.
Most of our work is at the Fair Work Commission. We can act at the South Australian Employment Tribunal 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.