Fair Work Commission

Overview

The Fair Work Commission is a tribunal that hears evidence and decides if a dismissal is harsh, unjust or unreasonable.

The Commission does not investigate dismissals or begin prosecutions against employers. It only considers cases and evidence that are brought before it. The Commission is impartial and is not on anyone's side.

The only way for an unfair dismissal claim to commence is for the dismissed employee to lodge an Unfair Dismissal Application. Possible remedies under the Fair Work Act 2009 can include reinstatement or financial compensation.

The video on this page gives a summary of the steps involved in an unfair dismissal claim. Other videos in this virtual tour provide further details about each of those stages.

The unfair dismissal claim process

Unfair dismissal claims follow a set process.

Details of unfair dismissal proceedings are in the Commission’s Practice note: Unfair dismissal proceedings.

1. Employee lodges an 'Unfair Dismissal Application'

This is how unfair dismissal claims begin. The dismissed employee lodges an application using a special form from the Commission that details what happened and why they believe they were unfairly dismissed.

• For more details on this stage, go to our How do employees make unfair dismissal claims? page and video.
• Also see the Guide: Unfair dismissal on this website.

2. Employer responds to application

The employer responds to the application using the special response form, available from the Commission. It details what happened and why they believe the dismissal was fair and gives the employer the ability to make any objections to the application.

• For more details on this stage, go to our How do employers respond to unfair dismissal claims? page and video.
• Also see Unfair dismissal – Guide 6: Preparing for conciliation on this website.

3. Conciliation

Conciliation is the first stage of resolving an unfair dismissal claim. An experienced conciliator brings the parties together in a conversation to explore if a settlement can be reached without needing a conference or hearing. Conciliations are very successful, with 4 out of 5 matters settling at this stage.

• To find out more about how conciliations operate, go to our What is the process for unfair dismissal claims? page.
• Also see the Guide: Unfair dismissal on this website.

4. Conference or hearing

If the matter is not settled at conciliation, or if there is an objection, it goes to a conference or hearing, where a Member of the Commission hears evidence and decides if the dismissal was fair or unfair.

• Go to our What happens at conferences and hearings? page and video to find out what preparations you need to make for this stage.
• To find out about the people in a hearing room and what each of them does, go to our Who’s inside a hearing room? page and video.
• Also see the information about preparing for hearings and conferences.

There are also interactive checklists for applicants and respondents on our website to help you prepare for your unfair dismissal conference or hearing.

More information

Each of these videos will give you more information about each stage of the process:

• What is the process for unfair dismissal claims?
• Who’s inside the hearing room?
• What happens at hearings and conferences?

Getting help

Commission staff can tell you about the process but cannot give you any legal advice about how to prepare or run your particular case.

If you need help you should talk to your union (for employees), your industry association (for employers) or a legal service or lawyer.

Some Commission offices have independent duty lawyers available to give advice – ask the Unfair Dismissal Team in your state or territory for more information.