Unfair Dismissal Applications
Submitting an Application To Fair Work
Time Limit in Submitting Your Application
An unfair dismissal application must be made inside 21 days after the dismissal has taken effect
In the event that the application is not to be submitting following the 21 days, it will be considered out of time. The Fair Work Commission may permit a late application on the off chance that it is fulfilled that there are outstanding and reasonable conditions. In deciding if there are reasonable conditions, the Commission considers the accompanying components:
- The explanation behind the deferral
- Any move made by the worker to contest the dismissal
- Any prejudice to the business
- The merits of the application
- Fairness amongst all parties involved in the unfair dismissal application
An individual making an application for unlawful dismissal can’t likewise stop an application in regard of a similar dismissal under another law. This includes unfair dismissal and general protections applications, and applications under federal and state anti-discrimination and equal opportunity legislation.
On the off chance that the individual submitting the unfair dismissal application is in an inappropriate jurisdiction, and the application is pulled back or rejected by the Australian Fair Work Commission for these reasons, they may at present be qualified to bring an unfair dismissal or general protections application forward. An individual making a rejection of application submission should likewise stop their application inside 21 schedule days after the dismissal or be able to successfully argue that there are exceptional circumstances for making the application out of time.
How Does the Fair Work Commission Help with My Case?
The Australian Fair Work Commission is a tribunal, and operates like a court. The Fair Work Commission staff cannot provide legal advice or representation. It is advised to seek representation for a professional with experience as it is highly likely your employer will have systems in place to deal with the situation. The fair Work Commission will not give you advice on whether to lodge an unlawful dismissal application or provide advice on how to operate your case. We provide the best possible unfair dismissal advice in Australia and this is where we highly recommend you contact us.
The Fair Work Commission staff can give you information on:
- Processes that take place
- How to submit an application and how to respond to an application
- How to fill out forms correctly
- Where to find documents you require
- Refer you to other organisations that may be able to assist you, such as us.
How Do I Submit an Unfair Dismissal Application in Australia?
To make an unfair dismissal application, use Form F9 – Application for the Commission to deal with an unlawful termination dispute.
Completed forms can be submitted by email, post or electronically online.
An incomplete application or incorrectly filled out unfair dismissal form cannot proceed until a correctly and complete application is received by the Fair Work Commission, along with either payment or a separate application for waiver of fee.
What is the Fee?
When submitting an unfair dismissal application a person is required to pay an application fee of $73.20. This fee can sometimes be waived on the grounds that payment would cause serious hardship to the person submitting the application. In order to get fees waived it is always best to seek representation and advice from an expert.
What Happens After the Unfair Dismissal Applications Forms Have Been Submitted?
The employer will be given 7 days to respond to the unfair dismissal application after being served the papers. Based on the employers response to the unfair dismissal applications outcomes vary.