What steps are involved in initiating and resolving an unfair dismissal claim at the FWC?

Understanding the procedural framework for unfair dismissal claims at the Fair Work Commission (FWC) is essential for employers, employees, and legal practitioners. This guidance note outlines the key stages from lodging an application through to resolution, highlighting critical procedural requirements under the Fair Work Act 2009 (Cth). Explore comprehensive coverage of the following topics for strategic insights:

Topics Covered

• How is an unfair dismissal application made?
• Is there a time limit for lodging an application?
• What is required of the respondent?
• When will a jurisdictional hearing be heard?
• What processes are followed to resolve a claim?
• Who can represent a person at a conciliation or hearing?
• How are costs awarded?
• What is the process for appealing against an unfair dismissal decision?

Essential Insights

• Assess the strict 21-day filing deadline and potential extensions for “special circumstances.”
• Understand the employer’s obligations when responding, including jurisdictional objections and procedural nuances.
• Navigate the FWC’s flexible resolution methods, including confidential conciliation and formal hearings.
• Recognise when legal or paid agent representation requires FWC permission and the criteria influencing such decisions.
• Anticipate rare but significant circumstances where costs may be awarded against parties or their representatives.
• Explore the appellate framework, including the public interest test for appealing FWC decisions.