Going to the Fair Work Commission - unfair dismissal
This section has information about how to make an unfair dismissal application to the Fair Work Commission (the Commission) and guides you through what happens when you apply.
If you have been unfairly dismissed, you should get
legal advice as soon as possible.
If you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed.
Case Study - Karl
Karl was hired by fast food restaurant chain Bill's Burgers to work in their East town store as a casual employee. For the last nine months he has worked 15-20 hours every week, even though the shifts have been on different days.
Two days ago Karl was told that he would not be offered any more shifts. Karl was not told why he was taken off the roster. Karl has decided to make an unfair dismissal application to the Commission.
Making an unfair dismissal application
To make an application to the Commission you need to fill out a form and submit it with the application fee.
If you have been unfairly dismissed, you should get
legal advice as soon as possible.
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.
For more information, see
Making an unfair dismissal application.
For a handy guide to all the requirements you have to meet to make an unfair dismissal application, see
Checklist: Making an unfair dismissal application.
Conciliation
After the Commission gets an application, it will try to help you and your employer settle the case (agree to end it) without having a hearing. A Fair Work Commission conciliator will help you and your employer to talk to each other and try to come to an agreement. This is called conciliation.
For more information, including tips for preparing for conciliation, see
Conciliation.
Hearing
If your application is not resolved at conciliation, the next step is a hearing. At a hearing, you can make submissions (present your argument) and give evidence about why you think your dismissal was unfair. A member of the Commission will then make a decision about whether you were unfairly dismissed. They will also decide whether you should be reinstated or get compensation.
For more information, including tips for preparing and presenting your case, see
Hearing.
The decision
After the hearing, the Commission member who heard the case will give you and the employer a written decision about whether you were unfairly dismissed.
The decision will give reasons for the orders that the Commission member has decided to make. For more information, see
The decision.
For answers to commonly asked questions, see
Going to the Fair Work Commission - Frequently Asked Questions.