What The Second Schedule Sets Out
You saw this schedule referenced when someone explained how back wages are capped.
The Second Schedule is a short but important part of the law, since it directly sets the ceiling on one of the most common questions workers ask about a dismissal claim.
What It Means
It is the part of the Industrial Relations Act 1967 that limits back wages, the salary an Industrial Court can order for the time you were out of work after dismissal.
Rather than being open ended, it fixes a maximum period the calculation can cover, regardless of how long the underlying case itself takes to resolve.
Why It Matters To You
The cap differs depending on your employment status. It is 24 months for a confirmed employee and 12 months for a probationer, measured from your dismissal date to the last day of hearing.1
Knowing this early helps set realistic expectations, especially if your case is likely to take a long time to be heard.
What Does This Schedule Set Out
It does not set a fixed dollar figure, only the outer limit of the period used in the calculation, alongside your actual last-drawn salary.
Read about back wages for how this cap fits into the fuller calculation, and about confirmation if you are unsure which cap applies to your case.
If you have not yet filed, none of this matters until your claim is in, so check your window on the deadline calculator.
Telling us your employment status and roughly how long your case has run helps us explain how this cap would apply to you.
Common questions
Does the Second Schedule set the exact amount I would receive?
No. It sets the ceiling, not the final figure. The actual amount still depends on your salary, the length of your case, and any income earned elsewhere during that period.
Does this cap apply to every remedy, not just back wages?
The cap specifically concerns back wages. Other parts of an award, such as reinstatement or compensation in lieu of it, are assessed on a different basis.
Sources
- Back wages awarded by the Industrial Court are assessed from the date of dismissal to the last day of hearing, capped at 24 months for a confirmed employee and 12 months for a probationer under the Second Schedule of the Industrial Relations Act 1967. DNH, Monetary Remedies at the Industrial Court
Keep reading
Telling us your employment status and roughly how long your case has run helps us explain how this cap would apply to you.