The Fair Work Commission is a government body that has been set up to deal with unfair dismissal issues. The commission is part of the Australian Industrial Relations Commission, which also deals with other workplace relations matters such as industrial action and union disputes. It is important that you know exactly how to proceed through this process because if you do not then your employer may get away with dismissing you unfairly. In most cases, the Fair Work Commission will not award compensation for unfair dismissal but instead they will make orders to reinstate you or provide you with a sum of money.
Unfair dismissal is a serious legal matter, and it is important that you understand all the processes involved.
- What is unfair dismissal?
Unfair dismissal is when your employer fires you for an unlawful reason or fails to follow their own policies and procedures when dismissing you. For example, if your boss tells you that he’s going to fire whoever misses a deadline first, that would be unfair because it’s not a fair way to decide who gets fired. Or if your boss fires someone because she doesn’t like her personal style of dress, that would also be unfair dismissal because it’s not about the worker’s job performance at all. Therefore, in this case you need Sydney unfair dismissal lawyers That would be very helpful.
- How do I know if I have been unfairly dismissed?
If an employee has been fired from their job without following proper procedure, they may be able to claim they were unfairly dismissed under state workplace laws (which vary by jurisdiction). If this is true in NSW, then the Employment Advocate can provide advice on how best approach making a claim for compensation and other benefits such as accrued annual leave entitlements owed by your former employer. However, there are certain time limits within which claims must be made so make sure they’re handled properly by speaking with one of our experienced employment lawyers today!
You should note that the Fair Work Commission will not award compensation for unfair dismissal but instead they will make orders to reinstate you or provide you with a sum of money.
The Fair Work Commission is not a court of law and does not have the power to award compensation for unfair dismissal. The rules relating to compensation and orders are set out in s.461 of the Fair Work Act 2009 (Cth) as follows:
“461 Orders that may be made by FWC on application by person who has been dismissed etc., or who has been unfairly dismissed – terms and conditions of employment
(1) If an application is made under section 468, the FWC may make one or more of the following orders:
- an order reinstating you in your job; or
- an order providing you with payments from the date your employment was terminated until it would have ended, if that day had been 30 days after termination (this can include back pay); or
- an order providing payments for loss incurred because you were unable to take up other employment due to circumstances related to your dismissal; or
- any other order it considers appropriate.”
The process you should follow where possible is to try and resolve your dispute through conciliation first.
You should be aware that there are two ways to resolve a dispute. The first is through conciliation, which is where the Fair Work Commission will try and help you reach an agreement. The second way is by taking your case to court. If you go to court, then there will be no resolution until after the judge has made their decision on your case. This can take anywhere between six months and two years depending on how complex it is.
In many cases it’s worth trying conciliation first because:
- It’s cheaper than going to court; this means less stress for you and more money in your pocket!
There are only limited circumstances where the Fair Work Commission can intervene in the situation.
In most cases, the Fair Work Commission will not intervene in an unfair dismissal dispute between an employer and employee. The only circumstances where it can do so are:
- If the case raises a matter of public interest; for example, if there has been a breach of industrial law.
- If it appears that the employer has engaged in discriminatory conduct against certain employees that is affecting all employees’ wages or conditions of employment (this would be extremely rare).
You may need to involve a lawyer in your case if your claim is being challenged by your employer or if the issue has become complex in some way.
If you are being challenged by your employer, or if the issue has become complex in some way, it is always wise to get legal advice. You may find that your lawyer can help you better understand the process or resolve any issues that arise during negotiations. If your employer is trying to avoid paying compensation, they will probably take legal action against you. In this case, you should involve a lawyer as soon as possible so they can represent your interests in court and ensure your case has been properly prepared.
Once this process has been completed, then an application for mediation can be made to the Fair Work Commission.
Once the process has been completed, then an application for mediation can be made to the Fair Work Commission. Mediation is a process where the parties to the dispute meet with a mediator to try and resolve the dispute. It involves both parties sitting down together with a neutral person who will help them try and reach an agreement. This can be done at any stage of the unfair dismissal process, including when you first start proceedings or even after your claim has been dismissed by FWC . It’s important to remember that mediation doesn’t mean you have to settle your claim – it just means that you have an opportunity to try and settle without going through further legal proceedings.
If your employer gave little notice of their decision to dismiss you, then further compensation may be awarded by the commission.
The Fair Work Act requires that you be given a minimum of one week’s notice for any dismissal. However, if your employer dismisses you without giving you at least one week’s notice (and they can’t prove there were exceptional circumstances), then they must pay an amount of compensation to compensate for this failure to comply with the law. The amount of compensation depends on how much notice was given and whether it was less than 1 week:
- If there was no written statement setting out reasons why dismissal occurred, or if it was less than one week, then the commission may order your employer to pay up to 13 weeks’ salary (or part thereof) in lieu of notice.
- If there was a written statement setting out reasons why dismissal occurred, but it is still less than one week then the commission may order your employer to pay up to 14 weeks’ salary (or part thereof);
Lawyers are critical in an unfair dismissal case because they know how to effectively present your case.
In an unfair dismissal case, lawyers are critical because they know how to effectively present your case.
- They know how to negotiate with your employer.
- They know how to use the law to your advantage.
- They will help you get the compensation you deserve.
Conclusion
If you are facing unfair dismissal, then it is important that you understand what is expected of your case. You should make sure you fully understand the process and also seek legal advice before embarking on this difficult journey. It is also important that you determine whether or not your employer has followed all the correct procedures when dismissing an employee or whether there was some other reason for their decision. If so, then an unfair dismissal claim could be made against them as well as against yourself if your claim was upheld by an employment tribunal.
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