The process for general protections dismissal

The general protections laws prevent employers from dismissing employees for specific prohibited reasons. The process for a general protections dismissal is not the same as unfair dismissal.

The steps on this page set out the usual process we follow for this type of case. Some cases are different. We will tell you if we're going to follow a different process for your case.

A conciliation meeting will usually be held 5 to 10 weeks after we receive the application.

We aim to finalise most cases within 16 weeks after we receive the application.

Help with the process

We can give you information to help you know what usually happens at each step, and how long it might take. You can contact us if you have questions.

We can give you information about our processes, but we can't give you legal advice.

Legal help may be available for employers and employees, including free legal advice for eligible people and small businesses. You can choose to ask a lawyer or agent for help, or you can represent yourself.

1 Employee checks eligibility and applies

The employee should first check if this is the right option for them (eligibility).

The employee must apply to us within 21 days after the dismissal took effect. We recommend you apply online. When we receive the application the legal process begins. We will contact the employee (applicant) within 3 days of applying.

Decide which type of dismissal and termination may be the right option
Check eligibility for general protections dismissal
Apply for general protections dismissal

2 The employer responds

3 We organise a conference

We organise a conference if the respondent does not object to the application. If the respondent has a jurisdictional objection n, a Commission Member will consider the objection to decide whether the Commission can deal with the application

Know what to expect in a conference
Prepare your case for a conference
Know what to do on the day of the conference
For advice on your situation, find legal help

4 Conference is held

At the conference, the applicant and respondent (parties) discuss the issues. A Commission Member or an independent staff conciliator guides the discussion. They will try and help resolve the issues. The conference is usually held 5 to 10 weeks after we receive the application.

Understand the role of a conciliator.
Prepare for the possible outcomes of a general protections dismissal.

5 After the conference

The result of the conference may be a settlement or an agreement. When this happens, the case is closed. We aim to resolve most cases within 16 weeks.

If the parties cannot agree, we issue a certificate. This confirms they have not been able to resolve the case. The certificate might also say that resolving the case is unlikely. We aim to issue the certificate within 16 weeks of receiving the application.

The parties may choose to ask us to decide the case in arbitration, or the applicant can take the case to another court (you cannot do both). You will need the certificate to go to court.

Both sides can ask us to decide the case in arbitration
The applicant can take the case to a court