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. Hearing 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 his or her 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? JFMLAW is a standout employment law firm that acts in an efficient and cost effective manner. Please do not hesitate to contact us on 02 9331 0266 for a free of change phone consultation.