What is the process of an unfair dismissal claim?

The process for making an unfair dismissal claim with the Fair Work Commission (FWC) typically involves the following steps:

1. Eligibility Check

Ensure you are eligible to make a claim. Generally, you must have been employed for at least six months (or 12 months for larger employers) and have been dismissed from your job.

2. Lodge a Claim

You must submit your claim to the FWC within 21 days of your dismissal taking effect. This can be done online or via a written application. Include all relevant details, such as your employment history and the reasons provided for your dismissal.

3. Notification to Employer

After you lodge your application, the FWC will notify your employer of the claim. Your employer will have the opportunity to respond.

4. Conciliation Conference

The FWC usually arranges a conciliation conference, where both parties can discuss the matter with a conciliator. This is an attempt to reach a resolution without going to a hearing.

5. Hearing

If conciliation is unsuccessful, the case may proceed to a hearing. Both parties will present their evidence and arguments before a FWC member.

6. Decision

The FWC will make a decision based on the evidence presented. If they find in your favour, they may order reinstatement or compensation.

7. Further Action

If you disagree with the decision, you may have limited rights to appeal, depending on the circumstances.

If you have been unfairly dismissed and need advice, reach out to our highly experienced employment lawyers to ensure your rights are protected.

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