Department of Justice is now the Department of Communities and Justice. Find out more >
After the hearing has finished and the judge has made a decision, the judge will either find that:
If the judge finds that you proved your case, the judge must then decide what orders to make. The judge may order that:
If you suffered a loss as a result of being sacked, your employer may be ordered to pay you compensation. Loss could include:
During the hearing you must provide evidence of any loss you suffered. This could include:
If the judge finds that your employer broke laws about general protections, they could receive a penalty. The maximum penalty a judge can order is $12,600 (or $63,000 if your employer is a company) (as at July 2017). If a judge makes an order about your employer paying a penalty, the judge can order that the penalty be paid to you.
The judge generally will not order that the penalty be paid to you if it would result in you receiving a 'windfall'. Windfall means that you would be in a better position than you would have been if you hadn't been dismissed.
The losing side is not usually ordered to pay the legal costs of the winning side in general protections cases. However, costs may be ordered in very limited circumstances. For more information, see
The judge may order that you be reinstated. This means that you will get your job back or be given another job elsewhere in the company. The judge may also order that you be paid for the wages you would have earned during the time you did not work.
If the judge finds that you didn't prove your case, the orders you asked for will not be made. That means you won't be paid any compensation and your employer won't be given a penalty.
If the judge decided against you, it may be possible to appeal. For more information, see
After the case. You should get
legal advice before appealing.
If the judge finds that you didn't prove your case, your employer may ask for orders that you pay their legal costs. For more information, see
For answers to commonly asked questions, see
Going to the Federal Circuit Court - Frequently Asked Questions