The decision - Unfair dismissal

​​​​When will the Fair Work Commission (the Commission) make a decision?

After the hearing, the Commission member who heard your unfair dismissal case will make a decision.

The Commission member will usually reserve their decision. This means that a decision is not given on the day of the hearing. Instead, the Commission member will go away and think about the case and make a decision later. Sometimes it can take several months for the Commission to make a decision about your case.

The Commission will contact you when the Commission member is ready to tell you their decision. The Commission member will give you and the employer a written decision that gives reasons for the orders that they have decided to make.

Will the Commission order costs?

In some cases, the Commission member will make an order that one party pay the other's legal costs of the case.

For more information, see Costs.

Can I appeal?

If you lose the case, do not argue with the Commission member. You may be able to appeal the decision within 21 days.

For more information, see After the case.

Enforcing decisions

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.

For more information, see After the case.