The employee or employer involved in a conciliation may ask us to delay ('adjourn') it. You need an important reason, and we do not always agree. This is different from a delay to a hearing or conference.
The employee and employer have the right for the case to progress without delay.
When you ask us to change or adjourn an unfair dismissal case, we must make sure this is fair to both sides.
It is important to note:
- we consider the rights of both parties before we decide
- the party who asks to change the time of the conciliation must prove it is necessary
- we do not approve an adjournment automatically if you are part of a criminal hearing.
How to ask for an adjournment
You must contact us in writing and tell us the reason you want to delay the conciliation. We may refuse to change the date if you do not explain the reason or give us evidence of the reason.
We may ask the other party to comment before we decide.
Reasons we may agree to an adjournment
We only agree if there is a very good reason for the request.
- The employee is too ill to take part.
- A significant person in the employer's business is too ill to take part.
We may ask you for a medical certificate.
Death or serious injury
- A family member of the employee dies or has a serious injury.
- A significant person in the employer's business dies or has a serious injury.
The employee or a significant person is not available due to travel
The employee or a significant person in the employer's business is travelling interstate or overseas.
We may ask for proof that they booked the travel before we sent them the time for the conciliation discussion.