Research & Information
Announcement - Alteration to Listing Procedures for Unfair Dismissal Claims

10 June 2003

Commencing from 10 June 2003 the Industrial Relations Commission Registry will commence to allocate listing dates for the conciliation of unfair dismissal claims at the time of filing the application in respect of the majority of matters arising in the Sydney Metropolitan area.

The new procedures will commence from 1st July 2003. From that date a number of Members will be diverted each day to undertake conciliations. Each conciliation will be allocated one hour and matters will be listed across the day at the following times:
9.30am - 10.30am - 12noon - 2.00pm and 3.00pm.

The Commission recognises that a key to the resolution of unfair dismissal claims is the timely listing of such matters to enable early identification of issues between the parties and appropriate guidance and directions by Members of the Commission to facilitate resolution of the matter.

There will be a standard time of 21 days from filing to first listing for the majority of matters filed involving a claim in respect of a workplace within the Sydney metropolitan area. In respect of regional matters these will be listed as soon as possible. Where it appears to the Commission that there will be some delay in listing the first conciliation hearing Members will consider conducting a telephone conference between the parties.

The new system will be piloted for the period 1st July 2003 until the commencement of the law vacation on 19th December 2003. The Commission will be seeking regular feedback from clients during that period as well as conducting an internal assessment of procedures. The Commission acknowledges that the alteration to procedures will have an impact on practitioners, industrial agents and other agents. Feedback may be forwarded to the Industrial Registrar to the address below or by email to nswirc@agd.nsw.gov.au .

It is proposed to issue a Practice Direction effective from the commencement of the new procedures to ensure that unfair dismissal proceedings are conducted before the Commission in an efficient and expeditious manner.

For more information see Practice Direction 11 .