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

This is how a claim begins. The employee applies to us within 21 days of the dismissal.

• Apply for unfair dismissal

We give the employer a copy of the employee’s application so they can respond.

The employer explains why they believe the dismissal was fair. They may object to the application. The employer must respond within 7 days.

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

If the employer makes a jurisdictional objection* to the application, we hold a hearing*. This usually happens after a conciliation. 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 give the employee and employer a date and time for a discussion, called a ‘conciliation’. This is voluntary and usually happens by phone. During the conversation, a conciliator helps the employee and employer 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 employee and employer may agree on a settlement.

If this happens, the claim is over, and we close the application.

• Options at conciliation

Most cases settle during the conciliation discussion.

If they do not, we organise a formal hearing or conference. This is like a court, in front of a Commission Member who is like a judge.

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

The Commission Member looks at the evidence to decide if the dismissal was unfair. They will also hear from witnesses or the parties in the case. They issue a decision for the employer and employee.

• Outcomes and results of unfair dismissal
• Compensation

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

• Appeal a decision