​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself

​​

The decision - General protections dismissal

After the hearing has finished and the judge has made a decision, the judge will either find that:

You have proved your case

If the judge finds that you proved your case, the judge must then decide what orders to make. The judge may order that:

Your employer pay compensation

If you suffered a loss as a result of being sacked, your employer may be ordered to pay you compensation. Loss could include:

  • the amount of money you would have been paid, between the time you stopped work and when you started a new job
  • any compulsory superannuation you would have received
  • compensation for any non-monetary loss you suffered (such as humiliation or distress).

During the hearing you must provide evidence of any loss you suffered. This could include:

  • evidence about the steps you took to find a new job
  • your pay before you were sacked and your pay in any new job you started
  • any non-financial impact the sacking had on you (for example stress caused).

Your employer pay a penalty

If the judge finds that your employer broke laws about general protections, they could receive a penalty. The maximum penalty a judge can order is $10 200 (or $51 000 if your employer is a company) (as at July 2014). If a judge makes an order about your employer paying a penalty, the judge can order that the penalty be paid to you.

The judge generally will not order that the penalty be paid to you if it would result in you receiving a 'windfall'. Windfall means that you would be in a better position than you would have been if you hadn't been dismissed.

Your employer pay your costs

The losing side is not usually ordered to pay the legal costs of the winning side in general protections cases. However, costs may be ordered in very limited circumstances. For more information, see Costs.

You be given your job back

The judge may order that you be reinstated. This means that you will get your job back or be given another job elsewhere in the company. The judge may also order that you be paid for the wages you would have earned during the time you did not work.

You haven't proved your case

If the judge finds that you didn't prove your case, the orders you asked for will not be made. That means you won't be paid any compensation and your employer won't be given a penalty.

If the judge decided against you, it may be possible to appeal. For more information, see After the case. You should get legal advice before appealing.

If the judge finds that you didn't prove your case, your employer may ask for orders that you pay their legal costs. For more information, see Costs.

For answers to commonly asked questions, see Going to the Federal Circuit Court - Frequently Asked Questions

Picture of a federal magistrate in the Federal Magistrates Court