The process for unfair dismissal claims

The relationship between the employer and the employee ends.

• What is unfair dismissal?
• Prepare to apply for unfair dismissal

The employee should first check if this is the right option for them (eligibility).

The employee applies to us within 21 days of the dismissal. We recommend you apply by email. When we receive the application the legal process begins. We will contact the employee (applicant) within 3 days of applying.

• Check eligibility for unfair dismissal
• The 21-day deadline
• Apply for unfair dismissal

We send the employer a copy of the application, and any documents that were sent with the application. This gives them a chance to respond and/or object to the application.

We ask the employer (respondent) to respond within 7 days.

• Respond to an unfair dismissal claim
• Object to an unfair dismissal claim
• Unfair dismissal code for small business

If the respondent makes a jurisdictional objection to the application, we hold a jurisdictional hearing. This can happen either before or after a conciliation, but is usually after. At the hearing we may dismiss the application and close the case, or continue the claim.

• Object to an unfair dismissal claim
• About jurisdictional hearings in unfair dismissal

We send the applicant and respondent (parties) a notice with a date and time for a conciliation meeting. This is voluntary and is usually held by phone. In most cases this will happen about 5 weeks after we received the application.

During the meeting, a conciliator helps the parties talk about the issues. Their job is to try and help the parties agree on a settlement. 

• What happens in a conciliation

At conciliation, the applicant and respondent may agree on a settlement.

If this happens, the claim is over, and we close the application. 3 out of 4 cases are resolved at conciliation.

• Options at conciliation

When a case is not resolved at conciliation it goes to a Commission Member. The Commission Member is like a judge. They will decide the outcome.

Most often they will hear evidence at a formal hearing or conference. This is like going to court. Usually this will happen months after we received the application.

• What happens in a hearing or conference
• Prepare for a hearing or conference

The Commission Member looks at the evidence. This includes what they heard from witnesses and the parties in the formal hearing or conference.

They will then decide if the dismissal was unfair (harsh, unjust or unreasonable). They issue a decision for the parties. The decision includes the names of the parties and some information about the case. We publish the decision on our website.

Most decisions are issued within 12 weeks of the hearing.

• Outcomes and results of unfair dismissal
• Compensation

After the Commission's decision, the applicant or respondent can appeal. They must apply to appeal within 21 days of the decision.

• Appeal a decision