IMPORTANT NOTICE: The information outlined below applies to employees and employers who are under State industrial relations jurisdiction. Since the commencement of the federal government's workplace relations laws on 27 March 2006, employers who are constitutional corporations (e.g. a Pty Ltd or Ltd company) and their employees are now covered under federal industrial relations jurisdiction. You can also contact the Workplace Rights hotline on 1300 737 841 or visit www.workplacerights.qld.gov.au for information on your workplace rights. |
The Industrial Relations Act 1999 (PDF, 1.9 MB) includes provisions about dismissal that aims to ensure a system that balances fairness to employees with the needs of employers to dismiss employees when there is a good reason. Employees within the Queensland system have the right to make an application to the Queensland Industrial Relations Commission (the Commission) if they feel they have been unfairly dismissed.
A dismissal is unfair if it is:
There are certain classes of employees who are excluded from these unfair dismissal provisions.
Employees are able to lodge an application for reinstatement with either the Queensland Industrial Relations Commission (state) or the Australian Industrial Relations Commission 
(federal). Applications must be lodged within twenty-one (21) days of the date of termination. Determining which Commission you lodge your application with is dependent upon whether you are covered under the state or federal jurisdiction.
However, in special circumstances extensions may be granted on application to the Commission. A union can also apply to the Commission on behalf of the employee.
If the Commission considers that an employee has been unfairly dismissed, the Commission may make the following orders to:
Visit our resource page on the unfair dismissal procedures when lodging an application for reinstatement.
Employees must be given proper notice before they are dismissed (except in cases of serious misconduct or where payment in lieu of notice is given to the employee). The period of notice depends on how long an employee has been employed.
The Act specifies minimum notice periods to be given by an employer to an employee. If an employee is covered by an award or agreement that provides for a notice period less than that contained in the Act, then the notice period prescribed by the Act must be given if that employee is dismissed.
Visit our resource page on how much notice must be given when terminating an employment contract.
A reference is a written or verbal statement about a employee's qualifications, character, dependability, ability or attitude at work. There is no obligation on an employer to give an employee a reference - verbal or written.
An employer must provide a certificate of employment if requested by an employee who has ceased employment. The certificate is quite important to those employees whose wage rates are determined by years of experience (e.g. nurses). The certificate should be signed and dated by the employer and must include:
Employment separation certificates are needed by Centrelink to enable a person to claim Newstart Allowance, Youth Allowance and, in some cases, Parenting Payment. The information contained in the certificate is used to ensure that only eligible people get paid an allowance and that they are paid the right amount from the correct date.
An employment separation certificate completed by an employer for Centrelink would not fulfil the request by an employee for a certificate under this section.
Wageline's fact sheet on:
Dismissal from employment:
Redundancy:
Queensland Industrial Relations Commission regarding unfair dismissal procedures
Anti-Discrimination Commission Queensland to lodge a complaint for discrimination
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