Industrial Relations Act 1967

What this Act is really about

The Industrial Relations Act 1967 (Act 177) regulates relations between employers, workmen, and trade unions. For most employers, the high-impact areas are representations against dismissal, conciliation, and Industrial Court awards. Updated text is commonly referenced as at 1 November 2021.

Dismissal without just cause or excuse

• A workman may file representations alleging dismissal without just cause or excuse.
• Filing is generally required within 60 days of dismissal.
• Where dismissal is with notice, the workman may file within the notice framework provided by the Act.
• This pathway is distinct from ordinary civil claims for wrongful dismissal.
• Weak investigation or poor documentation often becomes the employer’s biggest exposure.

Conciliation before Court

• Trade disputes and many industrial matters can be reported to the Director General for Industrial Relations.
• The Director General may take steps to promote settlement, including conferences.
• Dismissal-related matters follow the section 20 process rather than ordinary dispute reporting in key respects.
• Early, good-faith engagement often reduces cost and disruption versus a full Court contest.

Industrial Court exposure

• Unresolved matters may be referred to the Industrial Court.
• The Court can order remedies including reinstatement and backwages.
• For dismissal without just cause or excuse, backwages are subject to statutory ceilings — commonly up to 24 months’ backwages based on last-drawn salary, with a lower ceiling for probationers in relevant cases.
• Post-dismissal earnings may affect the calculation of any monetary award.
• The Court is not limited only to the exact relief claimed; it may include matters needed to settle the dispute.

Trade disputes and collective issues

• A trade dispute covers disputes connected with employment, non-employment, or terms of employment.
• Recognition, collective bargaining invitations, and deadlock situations are structured under the Act.
• Certain collective bargaining deadlocks can be treated as trade disputes.
• Representation rules in conciliation are controlled — legal representation is restricted in specified settings.

What strong employers do before termination

• Run a proper due inquiry with notice of allegations
• Record evidence, findings, and decision reasons
• Check whether the employee is on protected leave or special status
• Issue clear termination communication
• Preserve the full file — it becomes your defence narrative

Train managers before conflict becomes a case file

CXCons runs practical industrial relations and due inquiry programs for HR leaders and line managers who make real termination decisions.