A witness statement is a document that sets out what a witness says about your case. If you want to bring a witness to arbitration, you must file and serve (formally give the other side) a witness statement made by them by the deadline in the directions made by the Fair Work Commission (the Commission).
If you do not file and serve a witness statement in time, the Commission might not let that witness give evidence. You will need to prepare a witness statement for yourself and get one from each of your other witnesses.
There is no standard form for a witness statement, but it should:
The statement should only include things that the person making the statement saw or heard or did. Don't include rumours or gossip.
You will need to prepare a witness statement for yourself and get one from each of your other witnesses.
In your statement, include all the important information about your employment like:
For more information on what evidence you might need to support your case, see
If you want to refer to a date but you are not sure when something happened, you can give a date range or say "on or about" a date.
If you want to write down what someone said to you or things you said to someone else, you should put what was said in quotation marks.
If you cannot remember exactly what was said but you remember the gist of the words you can say:
When you talk about a document in a witness statement you should attach a copy of that document to the end of the statement.
These documents are then called 'attachments'. You should label the top of the first page of each attachment with a letter. The first page of the first attachment would be labelled "A". The first page of the second attachment would be labelled "B".
In your statement you can refer to this document like this:
When you have prepared your witness statements, you should file and serve them. For information on how to file and serve a witness statement, see
Preparing for arbitration.
For more information about preparing legal documents and statements, see
Reading and writing legal documents.