Frequently Asked Questions​

​1. I was ​sacked from work for being late one day. I've ​​been th​ere for four years and this was the first time I'd ever been late. Is there anything I can do?

In some cases, a person who has been sacked unfairly can make an unfair dismissal application to Fair Work Commission (the Commission). This will depend on a number of things, including:

• whether you are covered by national unfair dismissal laws
• the reason for your dismissal
• the way you were dismissed
• the terms of your employment
• the size of your employer's business
• how long you worked for your employer
• how long ago your last day of work was
• whether you are covered by national unfair dismissal laws.

For more information, see What is unfair dismissal? and Can you apply?

If you want to make an unfair dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.

The Commission may accept late applications, but usually only in exceptional cases.

If you are not covered by national unfair dismissal laws, you may still have rights under other laws. If you think you have been unfairly dismissed, you should get legal advice.

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2. I have heard that an unfair dismissal application can only be made where you worked for more than a year and where your employer had more than 100 employees. Is​​ this true?

No, that's not true. There is no limit to the number of employees an employer must have before an unfair dismissal application can be made. However, to make an application you need to have worked for a certain period of time.

The length of time that you have to work for an employer before you can make an application depends on the size of your employer. If your employer has 15 or more employees, you need to have worked there for at least six months. If your employer has less than 15 employees, you need to have worked there for at least one year.

For more information about whether you can make an unfair dismissal application to Fair Work Commission, see Can you apply?

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3. I made an unfair dismissal application to th​​e Fair Work Commission and I have been told that a conciliation meeting will be arranged. What does this mean?

Conciliation is a meeting between you, your employer and an independent person (called a conciliator). The conciliator will try to help you and your employer come to an agreement about how to settle your dispute. Anything said in the conciliation is confidential. Most conciliations can be done over the phone.

For more information, see Going to the Fair Work Commission.​

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4. My employer and I have a conciliation me​eting at the Fair Work Commission next week. What happens if we don't come to an agreement?

If you and your employer don't come to an agreement at conciliation, your case will be listed for a hearing. At the hearing, you and your employer may be given a chance to discuss settlement again. If you still can't agree, the hearing will go ahead and you will need to present your case and give evidence that shows why your dismissal was unfair.

For more information, see Going to the Fair Work Commission.

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5. I went to conciliation at the Fair Work Commission and my employer agreed to pay me c​​ompensation. It has been six weeks and I still haven't been paid. What can I do?

If you and your employer both signed a written agreement after conciliation, you may be able to enforce the agreement. However, you cannot do this through the Fair Work Commission. If your employer has breached a signed agreement made at conciliation, you should get legal advice.

If one or both of you didn't sign an agreement, you may be able to get the Commission to re-list your case so that you can go to a hearing.

You should not file a Notice of Discontinuance until after your employer has done what they agreed to in the settlement agreement.

For more information, see After the case.

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6. My case didn't settle at conciliation and I now have to g​​o to a hearing. What does this mean and what do I need to do?

A hearing is where a member of the Fair Work Commission (the Commission) will listen to evidence and arguments (submissions) from you and your employer about your dismissal and will make a decision about whether it was unfair.

You should prepare witness statements and any other evidence you want the Commission to consider like letters, emails or contracts. Give yourself lots of time to do this and remember to keep copies of all the evidence.

For more information, see Hearing.

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7. My matter has been listed for a 'jurisdictional hear​ing'. What does this mean and what do I need to do?

A jurisdictional hearing may be scheduled if your employer claims that there are legal reasons why you are not able to make an application to Fair Work Commission (the Commission). This is called a 'jurisdictional objection'. For example, the employer may say that you are not able to make an unfair dismissal application because you did not complete the minimum employment period or because you made your application more than 21 days after the dismissal.

You should look at the employer's response to your application form and get legal advice about any jurisdictional objections made by your employer. For more information, see The employer's response to your application.

You should prepare for the jurisdictional hearing in the same way that you would prepare for any other hearing at the Commission. For more information, see Hearing.

Jurisdictional hearings are sometimes heard 'on the papers'. This means that you send documents to the Commission to consider and there is no face to face hearing. If your case has been listed for a jurisdictional hearing 'on the papers' you should get legal advice.

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8. I made an unfair dismissal application and my case went to a hearing. The Fair Work Commission found that I was unfairly dismissed. I was awarded four​ weeks wages. It has been two months since the date that my employer was supposed to pay, but I haven't received anything. I've also heard that my employer has been telling people I was a lazy worker. What can I do?

You can apply to the Federal Circuit and Family Court of Australia to enforce the orders made by the Fair Work Commission (the Commission). The Federal Circuit and Family Court of Australia can make orders about compensation, orders stopping your employer (called an injunction) from doing anything that might harm you, and can also fine your employer.

For more information, see After the case.