Application for Reinstatement – QIRC
(Queensland Industrial Relations Commission)

Have you been unfairly dismissed from your job?

If you are an employee (as defined by the Industrial Relations Act 2016) and you have been dismissed from your employment, you may be eligible to file a Reinstatement Application in the Queensland Industrial Relations Commission seeking reinstatement, re-employment or compensation.

Reinstatement Applications are made in circumstances where an employee believes they have been unfairly dismissed by their employer.

There are a number of things to consider in assessing whether or not you have grounds to pursue a Reinstatement Application. It is important that you seek legal advice before commencing a claim in order to ensure that you are eligible. If you believe you have a claim you can contact us here for assistance.

Who is eligible?

If you are an employee of the Queensland state or local government and you have been dismissed then you may be protected from unfair dismissal under Industrial Relations Act 2016.

Note: For all other employees, including employees of privately owned companies, the Commonwealth Public Service, or by a State or Local government of another State, contact us to find out whether you are eligible to file an unfair dismissal application in the Fair Work Commission or alternative state jurisdiction instead.

There are strict timeframes that apply to a Reinstatement Application. To proceed with a Reinstatement Application the employee must lodge their claim within 21 days of the dismissal taking effect. If you believe you are out of time it is crucial that you seek legal advice ASAP. We may be able to assist you with pursuing an unfair dismissal claim outside of the 21 day timeframe in certain circumstances.

Was the dismissal fair?

In deciding whether or not the dismissal was unfair, the Queensland Industrial Relations Commission will consider:

  1. Whether the employee was notified of the reason for dismissal;
  2. Whether the dismissal related to (1) the operational requirements of the employer’s business; or (2) the employees conduct, capacity or performance;
  3. If the dismissal relates to the employee’s conduct, capacity or performance, whether the employee (1) was warned about the conduct, capacity or performance; and (2) whether the employee was given an opportunity to respond; and
  4. Any other relevant matter.

What happens next?

Once a Reinstatement Application has been lodged with the Queensland Industrial Relations Commission, you will be issued with a Directions Order by the Commission outlining next steps. The matter will typically be listed for a conference in the first instance. This is an opportunity for the employer and employee to resolve the unfair dismissal dispute.

Employees can be legally represented at conferences. If you require legal representation please get in touch with us.

If the dispute cannot be resolved at the conference, and the Commission determines that no further conciliations are possible, you will have a series of options available to you as to how you wish to proceed. This could include withdrawing your initial application or requesting that the matter proceed to a hearing before the Queensland Industrial Relations Commission.

There are also a number of other steps that the Queensland Industrial Relations Commission may decide to take in managing the application.

If you are not an employee as defined by the Industrial Relations Act, you may be eligible to pursue an unfair dismissal remedy through the Fair Work Commission. Contact us to find out more.

How can Rubix Legal help?

Application for Reinstatement - Let’s get started...

If you would like to explore your rights to pursue a claim there are several ways that we can help.
  • You can book in for a complimentary 20-minute conference call to see if it looks like you have a case.
  • You can book in for a 1-hour paid Legal Advice Consultation for a detailed and tailored discussion about your legal options and prospects.
  • If your matter is more complex, you can book in for a 2-hour paid Legal Advice and Strategy Session.
  • Already know you need ongoing assistance and representation? You can engage us to assist you with the preparation of your application, preparation for any conciliation conference or hearing or have us act on your behalf for the entire matter. You can find out more about our pricing here.

The information provided on this page is of a general nature only and is not to be relied upon as legal advice applicable to your specific circumstances. Specific legal advice is provided through our consultation sessions.

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