LawAccess NSW > Representing Yourself > Employment rights > General protections dismissal > After the case

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After the case - General protections dismissal

If you made a general protections application about your dismissal, the case will end when one of the following has happened:

you reach an agreement with your employer
you discontinue (end) the case
the Fair Work Commission makes a decision after arbitration
the Federal Circuit and Family Court of Australia makes a decision after a hearing.

Alert icon This section will help you if you have come to an agreement to settle your case, or the Fair Work Commission or Federal Circuit and Family Court of Australia has made a decision in your case. If you have been to a mediation or conciliation conference at the Fair Work Commission (the Commission) and the Commission issued a certificate, the next step is to either:

apply for the Commission to arbitrate your case (if you and your employer agree)
apply to the Federal Circuit and Family Court of Australia. For information on this, see Going to the Federal Circuit and Family Court of Australia .

After the case has ended, you should consider the following:

Enforcing agreements

If you settled the case with your employer, they may have agreed to reinstate you or pay you compensation. If your employer does not do what they agreed, it is possible to enforce the agreement.

For more information, see Enforcing agreements.

Enforcing orders

If your employer doesn't follow an order made by the Fair Work Commission or Federal Circuit and Family Court of Australia, it is possible to enforce the order.

For more information, see Enforcing orders.

Appeals

An appeal is an application to a higher court asking that the decision of a lower court be changed or cancelled.

Appealing a decision of the Fair Work Commission

If you think the Fair Work Commission (the Commission) has made a mistake in your case, it may be possible to appeal to the Full Bench (three members) of the Commission. You can't appeal just because you disagree with the decision.

What does the Commission consider?

You may be able to appeal if you think the Commission made a mistake about the law or about what happened (this is called an 'error of fact').

Alert icon Appealing a decision can be complicated. Before you appeal, you should get legal advice.

Alert icon Think carefully before you appeal. If the Commission thinks that your appeal case was clearly weak and you had no chance of winning, it can order you to pay the respondent's legal costs in the appeal case.

How long do you have to appeal

You must appeal within 21 days of the decision being made. If you want to appeal, you must get permission (seek leave) from the Commission.

If it has been more than 21 days since the decision was made, you may still be able to appeal. However, you will need to ask for an extension of time and explain why you did not file your appeal within the time limit.

Alert icon Before you appeal, you should get legal advice.

Appealing a decision of the Federal Circuit and Family Court of Australia

If you think the Court made a mistake in your case, you may be able to appeal. You can't appeal just because you disagree with the decision.

When can you appeal?

You may be able to appeal if you think the court made a mistake about the law or about what happened (this is called an 'error of fact').

Alert icon Appealing a decision can be complicated. If you lose, the Court may order you to pay the other side's legal costs in the appeal case. Before you appeal, you should get legal advice.

How long do you have to appeal?

You must appeal within 21 days of the decision being made.
If it has been more than 21 days since the decision was made, you may still be able to appeal. However, you will need to ask for an extension of time and explain why you did not file your appeal within the time limit.