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Complaints – Employment

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Fair Work Ombudsman

For employees:

  • If you’ve lost your job, contact the Fair Work Commission (the Commission) first if you think you were fired because of:
    • another protected right.
    • a reason that is harsh, unjust or unreasonable
    • discrimination
  • You have 21 days from the day you were fired to lodge an application with the Commission. Check the information at the Commission website to find out if you can apply for:
  • For other discrimination issues:

Queensland Human Rights Commission

Time Limits:

Fair Work Commission

https://www.fwc.gov.au/disputes-at-work/general-protections-unlawful-actions

An application in relation to any discrimination practice should be lodged under the category of ‘General Protections’

2 Types of general protections applications:

Dismissal Disputes:

  • If a dispute involves a dismissal, the Commission must convene a private conference to deal with the dismissal.
  • Time limitation – 21 days

Non-Dismissal disputes

  • If a dispute doesn’t involve a dismissal, the Commission will convene a private conference to deal with the dispute if both parties agree to participate.
  • If one or both of the parties don’t agree to participate in the conference, the applicant can choose to make an application to a court to deal with the matter.
  • Time limitation – 6 years

Applications may be lodged online click here.

Or by downloading the relevant form and mailing it to the Commission office:

Queensland Industrial Relations Commission

If the complaint cannot be resolved through the reconciliation process offered by the Anti-Discrimination Commission then it may be referred to the QIRC for determination.

  • Submit application for an order protecting complainants interests
  • Review Anti-Discrimination
    • An application may be made under section 169(3) of the Anti-Discrimination Act 1991 to review an ADC decision. This must be made within 28 days of being notified that the Commissioner has lapsed the matter.
    • To make an application in relation to a complaint lapsing, lodge Form 86 – Application for review of ADC decision about complaint lapsing. A copy of the decision being reviewed must be provided with the application.
  • Unresolved Complaint
    • If a conciliation conference has been held and the complaint has not been resolved, the complainant may give the Anti-Discrimination Commissioner a written notice requiring the commissioner to refer the complaint to the QIRC.
  • Lapse of time
    • If the commissioner has not finished dealing with a complaint 6 months after informing the complainant and the respondent that the complaint has been accepted, either the complainant or the respondent may, by written notice request the commissioner to refer the complaint to the tribunal.
  • Application to stay a decision

Workers Compensation

To receive compensation you will need to lodge a claim with WorkCover Queensland. Click here for the link.

Complaints about Work Cover

If you believe a mistake has been made in relation to your compensation or are unsatisfied with services provided by WorkCover Queensland you should directly contact the person you have been dealing with, or their direct manager.

If you are unsatisfied with the response you receive you may lodge a formal complaint with the Office of Idustrial Relations via: Click here to download a complaint form for printing

Mail to: Complaints Advisor, GPO Box 2459, Brisbane, QLD, 4001.

If you disagree with the outcome of the complaint you can contact the Queensland Ombudsman:

Website: http://www.ombudsman.qld.gov.au/

Phone: 1800 068 908

Discalimer: Every effort is made to ensure that the information provided in this guide is correct. ADA Australia and Legal Aid Queensland accept no responsibility for any liability that may arise from the use of the information provided in this guide.