- Unfair Dismissal
- Lodgement of FWC Unfair Dismissal
- Employer is notified and provided with an opportunity to lodge an Employer’s Response.
- If your Employer raises a jurisdictional objection, such as that you were not dismissed or that you lodged your application out of time, a conference or hearing will be
- A telephone conciliation is held between you and your
- If the matter is not settled or the unfair dismissal claim is not withdrawn, an arbitration conference or hearing is held to determine the merits of an unfair dismissal remedy
- Conference – conducted in private, decision is only disclosed to parties directly and/or their representative (section 592)
- Hearing – open to the public, decision will be published (section 593)
- If you are dissatisfied with the FWC decision, you may apply to the Federal Court or the Federal Circuit Court for a further decision.
$68.60
The cost of making an unfair dismissal or general protections application is currently $68.60 (August 2015) and must be paid at the time of making your application (section 395). This application fee is indexed each financial year. - General Protections (involving dismissal)
- Lodgement of FWC General protections application
- Employer is notified and provided with an opportunity to lodge an Employer’s Response
- A private conciliation or mediation will be conducted to deal with a general protections dispute (section 368)
- If unsuccessful, certificate issued (section 369)
- Once the certificate is issued, you and your employer may agree to submit to arbitration (section 369)
- Otherwise you may make a general protections court application to the Federal Court or the Federal Circuit Court for a decision.
- General Protections (not involving dismissal)
- 1.Lodgement of FWC General Protections application (section 372)
- Employer is notified and provided with an opportunity to lodge an Employer’s Response
- A conference will be held if you and your employer agree (section 374)
- If there is no agreement to attend a conference by either or both parties, you may choose to make an application to the Federal Court or the Federal Circuit Court for a decision.