Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 122

122 Employer’s failure to give notice or pay compensation

(1) If an employer dismisses an employee to whom section 121 (1) (a) applies without giving the required notice or paying the required compensation—

(a) on an application under section 317 —the commission may order the employer to pay the employee the compensation that the employer was required to pay under section 124 ; or

(b) otherwise—the commission or a magistrate may order the employer to pay the employee the compensation the employer was required to pay under section 124 .

(2) An application for an order under subsection (1) (a) may be made by—

(a) the employee who has been dismissed; or

(b) with the employee’s consent—an organisation whose rules entitle the organisation to represent the employee’s industrial interests; or

(c) an inspector.

(3) The application must be made within 6 years after the day on which the employee is dismissed.

(4) A regulation may exclude from the operation of this section dismissals happening in stated circumstances that relate to the transfer of the employer’s business.