Unfair dismissal for Queensland employees

31 August 2022

Free Employment Law Advice

If you have been dismissed from your employment and believe that it was harsh, unjust or unreasonable, or that there was an invalid reason for your dismissal, you may have recourse through the unfair dismissal provisions under the IR Act or through the Fair Work Act. An invalid reason includes being temporarily absent due to illness or injury in circumstances where the absence is reasonable and being a member of an employee organisation. You must bring an application within 21 days of the date of dismissal.

You may be represented by an industrial advocate (from a union) or a lawyer, if the Commission approves. Once you have lodged the application form, the Commission will list the matter for a conference, where you may discuss the merits of your case with your former employer and the prospects of settling or resolving the matter.

Employment Law Legislation Queensland

All Queensland statutes and regulations related to employment law in Queensland are publicly available on the Queensland Government’s legislation website.

These include:

Industrial Relations Act 1999

Industrial Relations Regulation 2011

Industrial Relations (Tribunals) Rules 2011

Fair Work (Commonwealth Powers) and Other Provisions Act 2009

Public Service Act 2008

Anti-Discrimination Act 1991

The Minimum Employment Conditions are found at Chapter 2 Part 2A of the Industrial Relations Act 1999, and the provisions regarding unfair dismissal are located at Chapter 3 Part 2 of the Act.

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