The remedies available to the Fair Work Commission when dealing with applications are determined by the Fair Work Act 2009.
A remedy for unfair dismissal may include:
If you choose to participate in conciliation, a Commission Conciliator will hold discussions between the employee and the employer to reach an agreed settlement. Most applications for unfair dismissal remedy settle at conciliation.
The conciliations are private, and the settlements may include:
If the application is not resolved at conciliation, the case will proceed to a conference or hearing before a Commission Member.
The Member who hears the case will consider all of the factors listed below. If they are then satisfied that the employee was unfairly dismissed, they may order:
In considering the application, the Member must take into account:
This page contains information about the results and outcomes of applications for unfair dismissal remedy made under s.394 of the Fair Work Act 2009. The data is provided so that parties have information about how previous matters have been finalised.
This data will be updated annually at the time of publishing the Fair Work Commission’s annual report. The annual report is published in October for the preceding financial year activities.
It is important to note that this information cannot be used to predict the outcome of any particular matter, as the facts and circumstances of each case will be different.
|Settled: Monetary & non-monetary||5,511||5,122||5,147||49.4||47.2||46.3|
|Settled: Reinstatement & monetary||23||17||15||0.2||0.2||0.1|
|Settled: Reinstatement & non-monetary||13||11||4||0.1||0.1||0|
|Settled: Reinstatement, monetary & non-monetary||4||8||5||0.04||0.1||0|
|Total Resulted Conciliations||11,160||10,850||11,125||100||100||100|
|Settlements involving money||7,194||6,859||6,917||100||100||100|
|Settlement involving non-monetary*||12,839||11,902||12,423||N/A||N/A||N/A|
|Employment separation certificate||317||275||297||N/A||N/A||N/A|
|Payment in kind||73||57||73||N/A||N/A||N/A|
|Provision of information or undertaking||1,345||1,405||1,509||N/A||N/A||N/A|
|Return of property||128||138||144||N/A||NA||NA|
|Statement of service||5,482||4,984||5,124||N/A||N/A||N/A|
|Withdrawal of allegation(s)||20||24||27||N/A||N/A||N/A|
|Withdrawal of application||741||785||896||N/A||N/A||N/A|
* Parties can agree to more than one non-monetary outcome at conciliation. Accordingly, settlements involving non-monetary compensation are not cumulative figures.
Note: Some numbers and percentages were not aligned with the correct payment ranges in the 2015-16 Annual Report.
|Arbitrated proceedings final results||No. of final outcomes||% of final outcomes|
|Total applications dismissed||1,261||86.5|
|Objection upheld – application dismissed||769||52.8|
|Application dismissed – dismissal was fair||130||8.9|
|Application dismissed – s.399(A) and s.587||362||24.8|
|Total applications granted||196||13.5|
|Application granted – compensation||135||9.3|
|Application granted – reinstatement||12||0.8|
|Application granted – reinstatement and lost remuneration||18||1.2|
|Application granted – no remedy granted||7||0.5|
|Application granted – remedy to be determined||24||1.6|
|Total final results Australia-wide||1,457||100|
|Application granted: compensation||135||68.9|
|No loss of wages||0||0.0|
|Application granted: no remedy granted||7||3.6|
|Application granted: reinstatement||12||6.1|
|Application granted: reinstatement & lost remuneration||18||9.2|
|No loss of wages||4||2.0|
|Application granted: Remedy to be determined||24||12.2|
In compiling this information all efforts have been made to ensure statistical accuracy. However, minor revisions in figures may occur. The Commission's annual report, which is tabled in the Australian Parliament each year, is the official statistical record of Commission activities.