When you receive a claim for unfair dismissal, you may want to challenge the application. To do this, you need to tell us why you object to the claim.
What is an objection
If you believe the applicant is not eligible to claim unfair dismissal you may raise an objection to the claim. This is called a ‘jurisdictional objection’.
Not everything you disagree with in the applicant’s application is a jurisdictional objection.
For example, you may believe you had valid reasons for dismissing the applicant from their employment, such as misconduct or poor performance. That is not a jurisdictional objection to the application because it doesn’t mean the applicant is not eligible to apply.
See Reasons to object to an unfair dismissal claim to check if you have an objection.
Late applications in unfair dismissal cases
This animation explains that late applications are generally not accepted. We consider these applications 'out of time'. People can ask for an extension of time. However, a Commission Member will only grant an extension of time in exceptional circumstances. You can also raise an objection if the application is lodged late.
How to object
If you are the employer named in the application, you have 2 choices:
- When you respond to the application, add your objection to Form F3 – Employer response to unfair dismissal application OR
- Complete a separate Form F4 – Objection to unfair dismissal application. You can send this with your response form or later.
After you object
Making a jurisdictional objection will not stop an unfair dismissal application.
After you submit an objection, we ask you to decide whether to:
- Take part in a conciliation. If the conciliation does not resolve the application, a Commission Member will consider your objection. We may hold a jurisdictional hearing.
- Opt out of the conciliation. We schedule a formal hearing. You miss out on the opportunity to resolve the issue in a less formal setting.
If we dismiss your objection, the application continues to a hearing.