Monday, 28 October 2019

Unfair dismissal process under the Fair Work Act

Definition of unfair dismissal under the Fair Work Act provisions.


Under the Fair Work Act, a person has been unfairly dismissed, if the Fair Work Commission (the Commission) is satisfied that an employee (who is protected from unfair dismissal) has been dismissed and the dismissal: 
  • was harsh, unjust or unreasonable, and
  • was not consistent with the Small Business Fair Dismissal Code (in the case of employees of a small business), and 
  • was not a case of genuine redundancy.
Unfair Dismissal Appeal Process in Fair Work Commission
Image sourced: Fair Work Commission website

Call us 24/7 for all unfair dismissal enquires on 0434WORKER (0434 967 537).
If you have a workplace issue, including potential unfair dismissal, workplace bullying or harassment issue arising from your current or past employment, please give Workers First a call to discuss your situation and options, FREE and confidentially.


Sunday, 27 October 2019

Unfair Dismissal Fair Work Commission Appearances

The saying goes 'a man who represents himself has a fool for a client', but in the modern times, people are more inclined to be spurred on by the masses of people willing to egg them on from the 'peanut gallery' we know as social media.

For that reason, I thought it might be useful to offer some tips in relation to appearances at the Fair Work Commission.
Unfair Dismissal Appeal Fair Work Commission Applications and Representation by Industrial Advocates
Image sourced: Fair Work Commission website

There are standards for the conduct of all people attending a hearing or conference at the Commission. 

The standards help the Commission to provide fair hearings for all parties. 

Providing fair hearings involves allowing all parties to put their case forward, and to have their case determined impartially and according to law. 

The Commission and all parties appearing before it, including representatives, have responsibilities to each other and in providing a fair hearing for all participants. 

When coming to the Commission: 

  • it is important to arrive early for the conference or hearing because proceedings begin on time 
  • notify the Commission staff upon arrival by approaching them in the hearing or conference room 
  • if delayed it is important that contact is made with the appropriate Commission staff before the hearing is due to start 
  • switch off your mobile phone or other electronic devices in the hearing or conference room
  • address the Member of the Commission by his or her title (eg Deputy President or Commissioner) 
  • in a hearing, stand when addressing the Member of the Commission or to question a witness, and 
  • bring enough copies of documents so everyone involved can have a copy (eg three copies: one to keep, one for the other party and one for the Member).
At least twice per week Workers First receives that last minute request for assistance in unfair dismissal proceedings that were initiated without regard for the confrontation and challenges ahead, now finding themselves in the crosshairs of a boss threatening to sue for costs if you lose the battle.

Call us 24/7 for all unfair dismissal enquires on 0434WORKER (0434 967 537).

If you have a workplace issue, including potential unfair dismissal, workplace bullying or harassment issue arising from your current or past employment, please give Workers First a call to discuss your situation and options, FREE and confidentially.



Unfair Dismissal appeal rights and coverage of national workplace relations laws in Fair Work Commission

A national system employee is an individual employed by a national system employer.(1)

A national system employer is an employer covered and bound by the national workplace relations laws. Whether an employer is a national system employer depends on the location of the employment relationship (State or Territory) and, in some cases, the legal status and business of the employer. 

Who is covered by national workplace relations laws? 

The national workplace relations system covers: 

  • all employees in Victoria (with limited exceptions in relation to State public sector employees), the Northern Territory and the Australian Capital Territory 
  • all employees on Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands 
  • employees employed by private enterprise in New South Wales, Queensland, South Australia and Tasmania 
  • those employed by local government in Tasmania 
  • those employed by a constitutional corporation in Western Australia (including Pty Ltd companies) – this may include some local governments and authorities 
  • those employed by the Commonwealth or a Commonwealth authority, and 
  • waterside employees, maritime employees or flight crew officers in interstate or overseas trade or commerce.
National System Employee eligibility for unfair dismissal appeal in Fair Work Commission
Image source: Fair Work Commission website.


If you have a workplace issue, including potential unfair dismissal, workplace bullying or harassment issue arising from your current or past employment, please give Workers First a call to discuss your situation and options, FREE and confidentially.




References and citations
(1) Fair Work Act 2009 (Cth) s 13.