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, you may be able to apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia to enforce the order. Both Courts can:
- fine your employer
- award compensation for loss you have suffered because your employer didn't follow
the Commission's orders
- order reinstatement
- make other orders.
For more information, see
Enforcing orders.
Appeals
If you are unhappy with the decision of the Fair Work Commission, you may be able to appeal.
You can't appeal just because you disagree with the decision.
You may be able to appeal if you think the Commission made a mistake about the law or about what happened (this is called an 'error of fact').
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.
You must appeal within 21 days of the date of the Commission’s decision. If it has been more than 21 days since the decision was made, you may still be able to appeal. However, you will need to ask for an extension of time, and the Commission may not agree to an extension.
For more information, Appealing the decision of the Fair Work Commission.
Frequently Asked Questions
For answers to commonly asked questions, see
After the case - Frequently Asked Questions.