Unfair dismissal

Reinstatement applications are applications made to the Queensland Industrial Relations Commission (the Commission) in circumstances where a worker believes that they have been unfairly dismissed by their employer. These applications are governed by Division 2, Part 2 of Chapter 8 of the Industrial Relations Act 2016.

The outcome of an application depends upon whether the Commission determines an employee was unfairly dismissed. A dismissal is considered to be 'unfair' if it was harsh, unjust, or unreasonable. The remedies, as set out in the Industrial Relations Act 2016, may be reinstatement, re-employment or compensation.

If you have been dismissed from your job and you believe that the dismissal was carried out unfairly, you may be eligible to make an Application for reinstatement.

For a detailed guide on how to make an application to the Commission, download a copy of the Unfair dismissal and reinstatement application guide.

Unfair dismissal

Can I make an application with the Commission?

Generally, in relation to Application for reinstatement, the Commission is only able to deal with dismissed Queensland state and local government employees (including Parent & Citizens' Associations).

If you were dismissed from a privately owned company, the Commonwealth Public Service, or by a state or local government of another state or territory, then you should visit the Fair Work Commission website, or contact the relevant state body.

There are also certain circumstances in which you may not be eligible to make an application including:

if you were on probation (generally within the first three months of employment);
if you were a short-term casual (worked for the employer for less than one year); or
if you were engaged for a specific period or task.

Should any of those circumstances apply to you, you should seek further advice regarding your eligibility.

An application should be made with 21 days of the dismissal taking effect.

Will it cost me anything to make an application?

It will not cost you anything to make an Application for reinstatement. However, should a matter proceed to hearing, costs may be incurred in relation to barristers, solicitors, medical experts, and witnesses.

For reinstatement applications, the 'losing' party will not automatically be ordered to pay the costs of the other side – that only occurs if a further application for costs is made and the Commission is satisfied that:

the party made the application or responded to the application vexatiously or without reasonable cause, or
it would have been reasonably apparent to the party that the application or respondent to the application had no reasonable prospect of success.

Please refer to Schedule 2 the Uniform Civil Procedure Rules 1999 for further information regarding the Scale of Cost to which the Commission may take into account in making such an order.

How do I make an application?

Applications for reinstatement commence by filing a Form 12 – Application for reinstatement.

Form 12, and all other forms, can be filed at the Industrial Registry via the following methods:

Email:	qirc.registry@qirc.qld.gov.au
In person over the counter:	Industrial Registry Level 21, Central Plaza Two 66 Eagle Street Brisbane QLD 4000
Post:	Industrial Registry GPO Box 373 Brisbane QLD 4001
Fax:	(07) 3221 6074

In most instances the Industrial Registry will communicate with you by email. If you have not provided an email address on your Form 12, the Registry will be in contact with you requesting that you provide an email address. If you do not have an email address, the Registry will communicate with you by post.

The reception of the Registry is open from 8.30 am to 4.45 pm, Monday to Friday (excluding public holidays and the compulsory Christmas to New Year closure). Documents can be filed electronically at any time, however if sent after hours (after 5.00 pm) they will be accepted as being filed the next business day. You will be unable to file documents on public holidays, or closures, or outside of office hours.

After your application is accepted for filing, the Registry will send you (the Applicant) and your former employer (the Respondent) a stamped copy of the Application and a Directions Order. The stamp will represent the date on which your document was accepted for filing. For more information about commencing an application see 'Part 3: Applications to the Commission' of the Unfair dismissal and reinstatement application guide.

What is a directions order?

The Commission administers its matters via Direction Orders. Directions Orders are a formal document directing the conduct of a matter. It is the 'road-map' for how your application will be conducted, when documents are due to be filed, which documents should be filed and provided to other parties, and when you will need to attend the Commission for a conference or a hearing.

You must comply with a Directions Order. Failure to comply may have negative consequences for your application.

For more information about the directions order see 'Part 4: Directions order' of the Unfair dismissal and reinstatement application guide.

What is a conference?

After the first set of directions orders have been complied with, the Registry will notify the parties of the details of a scheduled conference. A Member of the Commission will chair the conference enabling the parties to further explain their respective positions and the facts around the dismissal. The Commission may assist the parties by reviewing, refining and/or narrowing the issues.

Conferences are not adversarial, meaning that it is not about 'winning' the conference. However, the conference may assist the parties to reach an agreement/settlement.

If the matter is not resolved at conference, the Commission will issue a certificate. The Applicant has six months from the receipt of the certificate to take action should they wish to proceed to a hearing.

For more information about what to expect at a conference, and how to prepare for one, see 'Part 5: Conferences' of the Unfair dismissal and reinstatement application guide.

What is a hearing?

If your matter does not settle it will proceed to a hearing. Hearings are formal and conducted in a court room. Witnesses are called, documents are tendered as evidence (Exhibits), and parties make submissions. For more information about a hearing, and how to prepare for one, see 'Part 7: Hearings' of the Unfair dismissal and reinstatement application guide.

You must ensure that all oral evidence, documentation and/or other material on which you intend to rely at the hearing is ready to be presented at the hearing. Any documentation/material not presented at the hearing will not be 'in evidence' and will not be considered by the Member when deciding your application.

After the hearing has finished, the Member who heard your matter will not make a decision immediately, but will 'reserve' their decision, meaning that the decision and the reasons for that decision will be provided to the parties at a later date, in writing, and will also be published on the Supreme Court Library website (unless a suppression order has been issued).

How do I appeal a decision of the Commission?

If you disagree with the decision of the Commission in your matter, you may appeal the decision to the Industrial Court of Queensland.

If you choose to appeal the decision, you must do so within the appeal period, being 21 days from the date that the decision of the Commission was released – this date will be on the front page of the decision.

Appeals to the Industrial Court of Queensland are commenced by completing and filing a Form 5 - Application to appeal

Generally, an appeal can only be made on two grounds:

an error of law (meaning that you believe the Member may have misapplied the law or a legal principle to the facts): or
an excess, or want, of jurisdiction (meaning that you believe the Member may have made a decision that is not within their power to make).

For more information about appealing a decision of the Commission, see 'Part 9: Appealing a decision of the Commission' of the Unfair dismissal and reinstatement application guide.

Is there a guide that can give me more information?

For a detailed guide on reinstatement applications download the Unfair dismissal and reinstatement application guide.

If you are representing yourself in a hearing or conference before the Industrial Court or Commission, please refer to the "Fact Sheet - Tips for the Self Represented Litigant"

Which forms are relevant to my application?

Below are some of the forms you will need for your unfair dismissal and reinstatement application. Alternatively, visit our forms webpage for all forms.

Last updated 27 September 2022