What sort of claims can be made to the Fair Work Commission?
Employees may make claims against their employers or former employers at the Fair Work Commission, such as:
- unfair dismissal applications
- general protections applications
- stop bullying applications.
The stages that follow Fair Work Commission claims
Once a claim is made, you can expect the following steps when responding to it:
Mediation – an informal process in which an officer of the Commission helps the parties resolve a dispute between themselves. Mediations are voluntary, and are used as the first step in the dispute resolution process.
Conciliation – an informal process similar to a mediation, but involving more discussions between the different parties. Conciliations are voluntary, and are conducted generally over the phone or, on occasion, face-to-face. They involve a number of off-the-record discussions between both parties and a conciliator from the Commission, and between the conciliator and each party.
A case conference – where a Member of the Commission will make orders or directions about the matter prior to the hearing.
A hearing – a formal process in which the parties make submissions on their dispute before a Member. Hearings are conducted in public at the Commission. If the dispute proceeds to a hearing, the parties must complete a number of documents from which the presiding Member will makes his or her decision.
How can we help you through the Fair Work Commission stages?
JFMLAW can help you by:
- Providing you with advice on the strengths and weaknesses of your claim.
- Providing guidance on the likely outcome of the claim, and assisting you determine what a commercially favourable settlement might look like.
- Identifying alternative ways of resolving the dispute, outside of the context of the FWC.
- Preparing and lodging written submissions on your behalf.
- Corresponding with the Commission on your behalf.
- Helping you to prepare for a mediation, conciliation, case conference or hearing.
- Participating in conciliation and mediation processes for stop-bullying applications.
Whether you have never received an application before or you have experience, we can help you with all stages of the Fair Work Commission process.
Contact us today to find out how our industrial lawyers can help you manage Fair Work Commission claims in a commercially realistic way.