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Unlawful Termination Assistance Scheme

The following are general comments and not advice. You should obtain appropriate advice in relation to your circumstances.

If your employer has ended your employment for reasons that are unlawful, as determined by the Australian Industrial Relations Commission (AIRC), you may be able to receive up to $4,000 from the Unlawful Termination Assistance Scheme (UTAS) to help pay for independent legal advice about your dismissal.

However the Department of Education, Employment and Workplace Relations has advised that UTAS will be discontinued when changes under the Fair Work Act 2009 come into place on 1 July 2009.

The Department of Education, Employment and Workplace Relations has also advised that as a transitional measure it will continues to accept UTAS applications from employees who believe they have been unlawfully terminated before 1 July 2009 and are required to seek a remedy under the provisions of the Workplace Relations Act 1996 but that these transitional provisions will not extend beyond the 2009-10 financial year, after which UTAS will cease in its entirety.

The Law Society of NSW maintains a register of legal practitioners who have signed an agreement to provide legal advice to eligible UTAS applicants.

View register of UTAS legal practitioners.

The Law Society does not warrant or guarantee the practitioners on the register to have any particular expertise or competency and is not liable for, or in respect of, any act or omission arising out of, or in connection with, UTAS.

For more information about UTAS:

• visit the Department of Education, Employment and Workplace Relations' website
• call the WorkChoices info line on 1300 363 264
• email utas@deewr.gov.au.

Enquiries relating to the Law Society’s UTAS register should be directed to the Dispute Resolution Department (see details at right).