Hearing - General protections dismissal​

What is a hearing?

A hearing is where you and the employer each present your side of the story to the judge and ask them to make a decision about your case.

A hearing is the next step if you and your employer cannot come to an agreement at mediation. A hearing date will be set on a different day, usually several months after the mediation has taken place.

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 judge will make a decision in your case and make orders. The orders made could include an order that:

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

Preparing for hearing

Before the hearing you should start preparing your case. The Federal Circuit Court will make directions telling you:

• the date of the hearing
• what you must do before the hearing (for example, file witness statements by a certain date).

For more information on how to prepare for the hearing, see Preparing for the hearing - Step by step guide.

Presenting your case at 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.