Below is a general guide of the FWC’s unfair dismissal process.
- Application of unfair dismissal sent by the employee to FWC;
- A copy of the Application is sent by FWC to the employer;
- Notice of Listing of the conciliation details sent to both parties;
- Employer’s response sent to FWC and the employee;
- Conciliation conference takes place via telephone with FWC conciliator; and
- If the parties resolve the matter, the matter is settled and employee discontinues the Application.
This process does not include if the employer has raised jurisdictional objections to the Application (i.e. jurisdictional and arbitration conference, the jurisdiction conference or the arbitration conference).
Application for an unfair dismissal claim
An Application must be lodged within 21 days after the dismissal came into effect. Form F2 – Unfair Dismissal Appllication must be used and can be found on the FWC website.
The Application can be lodged via email, online, post, fax and in person at one of the FWC’s State or Territory offices.
A filing fee must be paid upon lodgment. The current filing fee is $67.20.
This fee can be waived in certain circumstances such as serious financial hardship. A Waiver Fee Form will also need to be submitted with the Application in these circumstances.
The Application must be served on the other party/other party’s legal representative via express post, registered post or e-mail.
Employer’s Response
The employer must complete Form F3 – Employer response to Unfair Dismissal Application available on the FWC website.
Legal Advice
The FWC does not provide legal advice.
Parties are entitled to obtain legal advice in relation to the unfair dismissal process and procedure.
If you wish to be represented by a lawyer or paid agent at the conference or the hearing, you will need to obtain the consent of the FWC.
If the person is employed by a union or is one of your employees or officers, you will not need the permission of the FWC to represent you at the conference or hearing.
Conclusion
If you require any assistance in your unfair dismissal application, please contact one of our employment lawyers today on 1300 544 755.