The decision - General protections dismissal
After the hearing has finished and the judge has made a decision, the judge will either find that:
You have proved your case
If the judge finds that you proved your case, the judge must then decide what orders to make. The judge may order that:
Your employer pay compensation
If you suffered a loss as a result of being sacked, your employer may be ordered to pay you compensation. Loss could include:
- the amount of money you would have been paid, between the time you stopped work and when you started a new job
- any compulsory superannuation you would have received
- compensation for any non-monetary loss you suffered (such as humiliation or distress).
During the hearing you must provide evidence of any loss you suffered. This could include:
- evidence about the steps you took to find a new job
- your pay before you were sacked and your pay in any new job you started
- any non-financial impact the sacking had on you (for example stress caused).
Your employer pay a penalty
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 $13,320 (or $66,600 if your employer is a company) (as at 1 July 2020). 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.
Your employer pay your costs
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
Costs.
You be given your job back
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.
You haven't proved your case
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
Costs.
For answers to commonly asked questions, see
Going to the Federal Circuit Court - Frequently Asked Questions