What are the unfair dismissal processes available under state laws?

The unfair dismissal processes available under state laws present a complex landscape distinct from the federal Fair Work Act 2009. This guidance note provides expert analysis on the varied state-specific regimes affecting public sector, local government, and limited private sector employees. Practitioners must understand these frameworks to navigate eligibility, procedural requirements, and remedies effectively.

Topics Covered

• New South Wales - Eligibility, application process, and key considerations under the Industrial Relations Act 1996 (NSW)
• Queensland - Unfair dismissal claims under the Industrial Relations Act 2016 (Qld) and procedural nuances
• South Australia - Scope and exclusions under the Fair Work Act 1994 (SA) and claim filing protocols
• Tasmania - Industrial dispute resolution powers of the Tasmanian Industrial Commission under the Industrial Relations Act 1984 (Tas)
• Western Australia - State unfair dismissal regime under the Industrial Relations Act 1979 (WA) including eligibility and remedies

Essential Insights

• Assess the critical eligibility thresholds and notable exclusions unique to each state’s unfair dismissal regime.
• Understand the strict time limits for lodging claims and the limited discretion industrial commissions exercise for late applications.
• Explore the procedural steps from application filing to conciliation and arbitration, highlighting key forms and filing requirements.
• Recognise the statutory factors commissions consider when determining whether dismissals are harsh, unjust, or unreasonable.
• Evaluate the range of remedies available, noting differences in reinstatement, compensation caps, and alternative orders.
• Identify the interplay between state laws and the federal Fair Work Act, including jurisdictional limitations and exclusions.