​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

Going to the Fair Work Commission - unfair dismissal

This section has information about how to make an unfair dismissal application to the Fair Work Commission (the Commission) and guides you through what happens when you apply. ​


    Alert Icon If you have been unfairly dismissed, you should get legal advice as soon as possible. If you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed.

    Case study iconCase Study - Karl

    K​arl was hired by fast food restaurant chain Bill's Burgers to work in their East town store as a casual employee. For the last nine months he has worked 15-20 hours every week, even though the shifts have been on different days.

    Two days ago Karl was told that he would not be offered any more shifts. Karl was not told why he was taken off the roster. Karl has decided to make an unfair dismissal application to the Commission.

    ​Making an unfair dismissal application

    To make an application to the Commission you need to fill out a form and submit it with the application fee.

    If you have been unfairly dismissed, you should get legal advice as soon as possible. If you want to make an unfair dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.

    For more information, see Making an unfair dismissal application.

    For a handy guide to all the requirements you have to meet to make an unfair dismissal application, see Checklist: Making an unfair dismissal application.

    Conciliation

    After the Commission gets an application, it will try to help you and your employer settle the case (agree to end it) without having a hearing. A Fair Work Commission conciliator will help you and your employer to talk to each other and try to come to an agreement. This is called conciliation.

    For more information, including tips for preparing for conciliation, see Conciliation.

    Hearing

    If your application is not resolved at conciliation, the next step is a hearing. At a hearing, you can make submissions (present your argument) and give evidence about why you think your dismissal was unfair. A member of the Commission will then make a decision about whether you were unfairly dismissed. They will also decide whether you should be reinstated or get compensation.

    For more information, including tips for preparing and presenting your case, see Hearing.

    The decision

    After the hearing, the Commission member who heard the case will give you and the employer a written decision about whether you were unfairly dismissed.

    The decision will give reasons for the orders that the Commission member has decided to make. For more information, see The decision.

    For answers to commonly asked questions, see Going to the Fair Work Commission - Frequently Asked Questions.