Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 317

317 Application for reinstatement

(1) If it is claimed that an employee has been unfairly dismissed, an application for reinstatement may be made to the commission for the dismissal to be dealt with under this part.

(2) The application must be made within—

(a) 21 days after the dismissal takes effect; or

(b) if the commission allows a further period on an application made at any time—the further period.

(3) An application may be made by—

(a) an employee; or

(b) with the employee’s consent, an organisation whose rules entitle it to represent the employee’s industrial interests.

(4) The registrar may reject an application if the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.

(5) If the registrar rejects the application, the registrar must, by written notice, notify the applicant—

(a) that the application has been rejected; and

(b) of the reasons why the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.

(6) The applicant may, by written notice given within 21 days after the registrar’s notice is received, inform the registrar that the applicant wishes the application to proceed.

(7) If the applicant does so, the commission must deal with the application, despite the registrar’s rejection.

(8) The commission and registrar must deal with an application as quickly as possible.