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.
Common reasons you may object
You may object if you believe the employee is not eligible to claim unfair dismissal. For example, if:
- the employee is not protected by law from dismissal
- the employee applied more than 21 days after you dismissed them
- you ended their employment because of a genuine redundancy
- you are a small business and followed the Small Business Fair Dismissal Code.
The employee may also not be eligible if you did not dismiss them. This could be because:
- they are still employed
- they resigned from their position
- their fixed-term contract expired
- they were a contractor, not an employee.
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.