Unfair Dismissal Overview
When someone lodges an application for unfair dismissal remedy they are beginning a formal legal process. When the application is lodged, a copy of the application is sent to the employer, and the Fair Work Commission will contact them to ask them to respond to the application.
Where possible, the Commission tries to resolve unfair dismissal applications by agreement.
The key steps in the unfair dismissal application process are:
A former employee sends an unfair dismissal application to the Commission, and the Commission sends a copy of the application to the employer.
The employer is required to respond to the application and submit any jurisdictional objections they may have to the claim. The employer must send their response to both the employee and to the Commission.
A Commission conciliator will try to help the employer and the former employee resolve the matter. The Commission will send a written notice with the date and time of a conciliation conference to the employer and the former employee. The conciliation is usually done by telephone.
If the application can't be resolved at conciliation, it will go to a formal hearing or conference where the outcome will be decided by a Member of the Commission.
If you have not been through this process, or even something similar in the past, you are likely going to find the process confronting and complex.