After the case - Frequently Asked Questions
1. I attended a telephone conciliation conference run by the Fair Work Commission with my employer. My employer agreed to pay me $5,000.00. We both signed an agreement but my employer hasn't paid me the money. What can I do?
If you and your employer signed an agreement, you have a contract. It is possible to enforce the contract if your employer breaks the agreement.
You should get
legal advice if you want to enforce a contract.
For more information, see
Enforcing agreements.
2. After conciliation, my employer agreed to give me my job back. My employer hasn't signed the agreement. I tried to call her and follow-up when I will be starting my job again but she refuses to take my calls. Is there anything I can do?
If your employer didn't sign the agreement and doesn't do what they said they would, you should contact
the Fair Work Commission (the Commission). It may be possible to have your case re-listed.
For more information, see
Enforcing agreements.
3. I made an unfair dismissal application. I went to a hearing and the Fair Work Commission agreed that I was unfairly dismissed and ordered my employer to pay me compensation by last week. My employer hasn't paid me. What can I do?
If your employer doesn't do what
the Fair Work Commission (the Commission) ordered, you may be able to apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia for orders to enforce the decision.
Before you apply to enforce the decision, you should get
legal advice.
For more information, see
Enforcing orders.
4. The Fair Work Commission dismissed my unfair dismissal application. I think this was a mistake. What can I do?
If you think the Fair Work Commission (the Commission) made a mistake about the law or about what happened, it is possible to appeal the decision. An appeal must be filed within 21 days of the decision being made. Before you appeal, you should get
legal advice.
It is possible to appeal a decision made in a jurisdictional hearing or a decision made in a final hearing. The appeal process is the same for both.
For more information, see After the case.