Unfair dismissal claims, bullying applications and general protections claims may mean you could be appearing before the Fair Work Commission. The Fair Work Commission is a workplace relations tribunal whose key responsibility is to hear and adjudicate disputes between employers and employees under the Fair Work Act 2009.
How does it work?
There are 4 key steps that are carried out at the Fair Work Commission.
Step 1 – Mediation
A mediation is an informal process in which an officer of the Commission helps the parties to resolve a dispute between themselves. Mediations are voluntary, and are used as the first step in the dispute resolution process.
Step 2 – Conciliation
A conciliation is an informal process that is similar to a mediation, in which a conciliator of the Commission helps the parties to resolve a dispute between themselves.
Step 3 – Case Conference
A case conference is where the Member will make some orders or directions in regards to the matter prior to a final hearing.
Step 4 – Hearing
A hearing is a formal process in which the parties ventilate their dispute before a Member, who will make a binding order. Hearings are conducted in public at the Commission. If the dispute proceeds to hearing, you will be directed to complete and lodge a number of documents which will be relied on by the Member in making their decision.
How can we help you?
Although parties are expected to represent themselves in proceedings, a solicitor can help you:
- Prepare written applications or submissions;
- Lodge written applications or submissions;
- Correspond with the Commission on your behalf; and
- Participate in conciliation and mediation processes in relation to a stop bullying application.
Have you been unfairly dismissed and are unsure of the steps you should take? JFM Law is a standout employment law firm that acts in an efficient and cost effective manner. Contact JFM Law on (02) 9199 8597 for a no obligation chat. If you would rather get in contact through email, send your question through or by email at wehelp@jfmlaw.com.au.
The information contained in this post is current at the date of editing – 18 October 2024.