​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 |

Hearing - Unfair dismissal

    ​​​What is a hearing?

    If you cannot come to an agreement at conciliation, the next step is a hearing. A hearing date will be set on a different day, usually several months after the conciliation has taken place. A hearing is where you and the employer each present your side of the story to the Fair Work Commission (the Commission) and ask it to make a decision about your case.

    Jurisdictional hearings

    If your employer has claimed that you are not able to make an unfair dismissal application, and you were unable to resolve this issue at conciliation, there may be a separate 'jurisdictional hearing' about whether the Commission is able to consider your case. This may happen:

    • before the main hearing
    • at the same time as the main hearing, or
    • 'on the papers', this means that you send documents to the Commission to consider and there is no face to face hearing​

    After the jurisdictional hearing, the Commission may:

    • dismiss your application if you are not eligible to apply. For more information, see Can you apply?
    • decide that you are eligible to apply and continue with a hearing. The Commission may hear the case on the same day or on another day. In some cases, the Commission may give you and your employer some time to try and negotiate the case.

    A jurisdictional hearing is run the same as any other type of hearing at the Commission. For more information, see Preparing for the hearing - Step by step guide and Presenting your case at the hearing - Step by step guide.

    If you or your employer are not happy with the decision made by the Commission, you may ask for the case to be stopped (called 'a stay of proceedings') and appeal the decision to the Full Bench (three members) of the Commission. For more information, see Appeals.

    What happens at a hearing

    At a hearing, you will be given a chance to present your evidence (including any witnesses). The employer will also have the chance to present their evidence. After this, a member of the Commission will make a decision in your case and make orders. If the hearing is a jurisdictional hearing, the orders will be about whether the Commission is able to consider your case. If you are at the final hearing, the orders will be about whether you were unfairly dismissed (and what should be done if you were). The orders made could include:

    • An order that you be reinstated to your job
    • An order that you are paid compensation.

    The Commission will not make orders that the employer write you a reference or pay you other amounts of money they owe you (like underpaid wages). Orders are only about unfair dismissal. You would have to start a second case to get orders about unpaid wages.

    Preparing for a hearing

    Before the hearing you should start preparing your case. The Commission will send you:

    • a Notice of Listing that tells you the date of the hearing
    • instructions on what you must do before the hearing (for example, file witness statements by a certain date).

    These instructions are called 'directions'. For more information, see Directions​ and Preparing for the hearing - Step by step guide.

    Presenting your case at a hearing

    Before you go to the hearing, you need to understand how a hearing works and plan how you are going to present your case. For more information, see Presenting your case at the hearing - Step by step guide.

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

     
    Applicant and respondent in an unfair dismissal claim hearing at Fair Work Australia