​Unfair Dismissal – Going to the Fair Work Commission

This figure is a flow chart with labelled boxes linked by lines.  The flowchart describes the action that you can take if you make an unfair dismissal application at the Fair Work Commission.  

Each box in the flow chart contains a hyperlink to further information. 

The action you take will depend on your responses to each step in the flow chart. The flowchart is described as a list of 8 steps in which possible actions are listed beneath each step.

Step 1. You make an unfair dismissal application at the Fair Work Commission (the Commission) within 21 days of being dismissed [link to Making an unfair dismissal application- step by step guide]. Go to Step 2.

Step 2. The Commission sends you and your employer a Notice of Listing with the date and time [link to Making an unfair dismissal application – Step by step guide]. Possible action:

• Your employer files a response [link to The employer's response to your application]. Go to Step 3.

• Your employer does not file a response [link to The employer's response to your application]. Go to Step 3.

• Your employer makes a jurisdictional objection and there is a jurisdictional hearing [link to The employer's response to your application]. Go to Step 6.

Step 3. You go to conciliation [link to Conciliation – unfair dismissal]. Possible action:

• Your case settles [link to Conciliation –unfair dismissal]. Go to Step 4.

• You cannot agree and your application is listed for hearing [link to Hearing – unfair dismissal]. Go to Step 5.

Step 4. You put the agreement in writing [link to Going to conciliation – Step by step guide]. 

Step 5. You cannot agree and your application is listed for hearing [link to Hearing –unfair dismissal]. Possible action:

• The Commission agrees that you were unfairly dismissed and makes orders [link to The decision – Unfair dismissal].

• The Commission does not agree that you were unfairly dismissed and dismisses your case [link to The decision – Unfair dismissal].

Step 6. Your employer makes a jurisdictional objection and there is a jurisdictional hearing [link to The employer's response to your application]. Possible action:

• The Commission decides you are eligible and your application is listed for hearing [link to Hearing – Unfair dismissal]. Go to Step 7.

• The Commission dismisses your application because you are not eligible [link to Hearing- Unfair dismissal].

Step 7.  The Commission decides you are eligible and your application is listed for hearing [link to Hearing - Unfair dismissal].  Possible action:

• The Commission does not agree that you were unfairly dismissed and dismisses your case [link to The decision – Unfair dismissal].

• The Commission agrees that you were unfairly dismissed and makes orders [link to The decision- Unfair dismissal].

• Your case settles [link to Presenting your case at the hearing – Step by step guide]. Go to Step 8.

Step 8. You put the agreement in writing [link to Presenting your case at the hearing – step by step guide].