Categories: General QuestionsRedundancy?Unfair Dismissal?Unlawful Discrimination?

What happens after I lodge my FWC application?

  1. Unfair Dismissal
    1. Lodgement of FWC Unfair Dismissal
    2. Employer is notified and provided with an opportunity to lodge an Employer’s Response.
    3. 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
    4. A telephone conciliation is held between you and your
    5. If the matter is not settled or the unfair dismissal claim is not withdrawn, an arbitration conference or hearing is held to determine the merits of an unfair dismissal remedy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)
    6. 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.

     

  2. General Protections (involving dismissal)
    1. Lodgement of FWC General protections application
    2. Employer is notified and provided with an opportunity to lodge an Employer’s Response
    3. A private conciliation or mediation will be conducted to deal with a general protections dispute (section 368)
    4. If unsuccessful, certificate issued (section 369)
    5. Once the certificate is issued, you and your employer may agree to submit to arbitration (section 369)
    6. Otherwise you may make a general protections court application to the Federal Court or the Federal Circuit Court for a decision.
  4. General Protections (not involving dismissal)
    1. 1.Lodgement of FWC General Protections application (section 372)
    2. Employer is notified and provided with an opportunity to lodge an Employer’s Response
    3. A conference will be held if you and your employer agree (section 374)
    4. 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.
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11 years ago

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