The unfair dismissal process may be daunting and confusing. However, there are three main steps that you can follow to better understand the procedure.
Step 1: The Unfair Dismissal Application
If you have been unfairly dismissed, you must make an unfair dismissal application. This process is a legal process and it is not just about making a complaint against your employer the process must be taken seriously. It is important to note that if you have been unfairly dismissed you have 21 days to make an unfair dismissal application from the date that you have been dismissed. The Fair Work Commission will not consider any applications that have exceeded the 21-day mark unless there are extenuating circumstances.
Once the application has been drafted, it is then filed with the Fair Work Commission.
Step 2: The Employer’s Notice
The Commission will send a copy of the claim to the employer. The employer must provide a response to the application with seven days of it receipts.
Step 3: The Conciliation
The Commission will conduct a conciliation conference between you and the employer. A conciliation is a non-legal, alternative dispute resolution process. The goal of the conciliation is for both parties to settle on an outcome.
To facilitate the settlement process, the Conciliator will help the parties to reach a mutually agreeable outcome. It is important to note that the Conciliator is a neutral third party and cannot provide legal advice. Rather their role is facilitate the conciliation so that common interests are identified.
Once an agreement is reached, a written agreement usually a ‘deed of release’ will be prepared. The deed of release will outline what the terms of the agreement are and will release both parties from any future legal liability.
However, if an agreement cannot be reached the matter will then proceed to a conference or a hearing. The application will be heard and determined before the Commission.
If you’ve been unfortunate enough to be unfairly dismissed by your employer, we can take away your stress by preparing all your documents and acting on your behalf at the Fair Work Commission. 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.
More information
Join our team as we answer your FAQs about unfair dismissals. To read the transcript, click here.
The information contained in this post is current at the date of editing – 19 July 2023.