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Unfair dismissal

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

Last updated 25 August 2021