After the case

If you made an unfair dismissal application to the Fair Work Commission (the Commission), the case will end when one of the following has happened:

• you reach an agreement with your employer
• you discontinue (end) the case
• the Commission makes an order after a hearing.

After the case has ended, you should consider the following:

​​Enforcing agreements

You and your employer may have settled the case at conciliation or before the hearing. If you settled, your employer may have agreed to reinstate you or pay you compensation. If your employer does not do what they agreed, you may be able to enforce the agreement.

For more information, see Enforcing agreements.

Enforcing orders

If your employer doesn't follow an order made by the Commission, it is possible to apply to the Federal Court or the Federal Circuit Court to enforce the order. The Federal Court or the Federal Circuit Court can:

• fine the employer
• award compensation for loss you have suffered because the employer didn't follow the Commission's orders
• order reinstatement
• make other orders.

 On 12 April 2013 the Federal Magistrates Court of Australia became the Federal Circuit Court of Australia. 

For more information, see Enforcing orders.

Appeals

An appeal is an application to a higher court asking that the decision of a lower court be changed or cancelled. If you want to appeal, you must do so within 21 days of the Commission making its decision. You will need to get a Notice of Appeal form, fill it in and file it with the Commission, together with an appeal book containing evidence from your case. You then must serve the form and appeal book on your employer. Before you appeal, you should get legal advice.

For more information, see Appeals.

For answers to commonly asked questions, see After the case - Frequently Asked Questions.