Introduction
An unfair dismissal case may go to a conference or hearing. The Commission Member hears the case and makes a decision based on the law.
Content
When the Member makes a decision at a hearing or conference, they issue an order or a decision with the outcome.
If they decide that the dismissal was unfair, they may order the employer to:
- Give the employee their job back (‘reinstatement’). This may include continuity of service and pay or benefits the employee lost while they were not at work.
- Give the employee money (‘compensation’) up to a limit set by law. We cannot order compensation for any shock, distress, hurt or humiliation.
Find out What happens at a hearing or conference.
The employee or employer may apply to appeal the result.
Hearing outcome information
The table below shows the results from the last 5 years of unfair dismissal hearings. This information will help you understand the more common hearing outcomes. For conciliation outcome information see compensation for unfair dismissal.
|
Outcomes |
2021-22 |
2020-21 |
2019-20 |
2018–19 |
2017–18 |
|
Application dismissed – dismissal was fair |
128 |
104 |
93 |
89 |
104 |
|
Application granted – no remedy granted |
9 |
9 |
7 |
11 |
7 |
|
Application granted – monetary |
50 |
144 |
92 |
96 |
110 |
|
Application granted – reinstatement |
1 |
4 |
4 |
4 |
6 |
|
Application granted – reinstatement and lost remuneration |
20 |
13 |
12 |
9 |
17 |
|
Application granted – remedy to be determined |
5 |
36 |
17 |
20 |
19 |
|
Application granted – parties settled on remedy |
2 |
3 |
- |
- |
- |
|
Total |
215 |
313 |
225 |
229 |
263 |
The table below shows you the median compensation awarded at a hearing for the past 5 years.
|
Median compensation |
2021-22 |
2020-21 |
2019-20 |
2018–19 |
2017–18 |
|
Amount |
$6,701 |
$6,230 |
$8,031 |
$8,704 |
$6,971 |
|
Equivalent number of weeks’ pay |
5.25 |
6 |
7.1 |
8 |
7 |
Note: Median outcomes reflect the remedies ordered by the Commission, which are expressed as a dollar amount and as the equivalent number of weeks pay of the applicant. Data is only available from 2016–17 on.