Frequently Asked Questions​

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1. I was sacked after I asked to take holid​ays. I've been employed for two years and this was the first time I had ever tried to take annual l​eave. Is there anything I can do?

You have rights at work. It is against the law for your employer to dismiss you for doing things you have a right to do. For example, asking to take annual leave.

You may be able to make a general protections dismissal application to the Fair Work Commission (the Commission). Whether you can apply will depend on a number of things, including:

• whether laws about general protections apply to you
• why you were dismissed
• how long ago you were dismissed.

For more information, see What are general protections? and Can you apply?

  If you are not covered by laws about general protections, you may still have rights under other laws. If you have been dismissed from your job you should get legal advice.

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If you were dismissed before 1 January 2013 and you want to make a general protections dismissal application to the Fair Work Commission (the Commission), you must do so within 60 days of the date you were dismissed.

If you were dismissed on or after 1 January 2013 and you want to make a general protections dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.

The Commission may accept late applications in very limited circumstances.

Some examples of when the Commission may accept late applications include where:

• you were in hospital
• you had legal advice that was wrong
• you had a lawyer and the application was late because they made a mistake
• your application was late because of a mistake made by the Commission.

For more information, see Tim​e limits.

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3. I want to make a general protections dismissal application. ​Where can I get a copy of the form?

You need to complete a Form F8 - Application for the Commission to deal with a General Protections Dispute. You can get a copy of the form from:

• the Fair Work Commission office in your capital city
• the Fair Work Commission website or
• the Fair Work Commission Help Line on 1300 799 675.

For instructions on how to complete the form and an example, see Making an application.

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4. I made a general protections dismissal application to the Fair Work Commission. I was told my employer would send me a res​ponse. I haven't got anything and the conciliation is tomorrow. What can I do?

After you apply, the Fair Work Commission (the Commission) will send your employer a notice telling them about your application. The employer must respond to your application within seven days.

If you do not get a copy of the response, you should call the Commission to check whether the employer has filed one.

If a response is not filed by the employer, the Commission can still hold the conciliation. If the employer files the response right before the conciliation, you can ask the Commission member conciliating your case for some time to look at the employer's response before the conciliation begins.

For more information about the employer's response, see What next? The employer's response to your application.

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5. I got a Notice of Listing telling me a conciliation meeting has been arranged for next month. What does this mean?

Conciliation is a meeting between you, your employer and an independent person (called a conciliator). In general protections cases, the conciliator will be a Fair Work Commission member (the Commission member). You and the employer must attend the conciliation.

The conciliator will try to help you and your employer come to an agreement about how to settle your dispute. Anything said in the conciliation is confidential.

For more information, see Conciliation.

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6. My employer and I have a conciliation meetin​g at the Fair Work Commission next week. What happens if we don't come to an agreement?

If you and your employer can't come to an agreement, the Fair Work Commission (the Commission) will give you a certificate. The certificate is proof that you went to the conciliation and confirms that you were not able to settle the case.

Once you have a certificate, it is possible to make an application to the Federal Court or the Federal Circuit Court. You must apply within 14 days of the Commission making the certificate.

For more information, see After conciliation.

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7. My employer and I couldn't settle the case at conciliation.​ I want to make an application to the Federal Circuit Court. How long do I have to do this?

You must apply to the Federal Circuit Court within 14 days of the Fair Work Commission issuing the certificate saying that conciliation hasn't resolved your dispute.

For more information, see Going to the Federal Circuit Court.

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8. What will happen if I take my general protections​ dismissal case to the Federal Circuit Court?

Every case is different and what happens will depend on the circumstances in your case. The usual process after you apply is that:

For more information see:

• Directions hearings
• Mediation
• Hearing

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9. What kind of orders can ​the Federal Circuit Court make?

If you make a general protections dismissal application and the judge decides that your employer broke the law, they can order that:

• you be paid compensation
• your employer pay a fine (penalty)
• you get your job back
• you get paid some of your legal costs.