Risks and benefits of representation
This is not a info ad. The goal is to point out the risks and benefits of representation or self representation in your unfair dismissal or general protections claim. The obvious benefit of self representation is there is no cost. But is this the goal of your claim? The claim has to have a purpose. Usually it’s to get the justice and compensation you are entitled to. The question is how do i get it? Read on.
I had a CEO ring me up recently about his unfair dismissal claim and how he was bullied out of his position. Of course being a CEO (chief excutive officer) he would be used to running his own affairs. I told him what i expected as compensation he would get out of his claim. His response was “i can probably get this myself”. I responded that’s it not working out too well for you so far. He did not respond. Some employees just want to have a fight. They hate to lose, (and they did they lost their job). You have to be in the various systems for the right reasons. Be aware whilst unsusal you can get cost awared against you.
I’m the first to subscribe to not paying out monies when you don’t have to. Its a matter of what’s important to you. If you just want to have a go, then that’s what you do. If its an important matter in regards to reputation or compensation then get proffessional help. It’s no different to health advice. You can get on the Youtube or Google and self diagnose. I’ve done it. But if its a serious health matter get in and see the doctor or the surgeon. Fair work and discrimination matters are no different. Its up to you. But lets talk about it.
Representation is very under rated, people want to “have a go themselves”.
Lets have a go!. Why not, on social media, Youtube, there’s a manual on anything and everything, can’t be that hard can it? Maybe yes, maybe no, its a matter of priorities, importance. Like anything in life, if its a important matter, get the experts in. People say to me, well I can do this. I’ll respond, well its not working out to well so far. Your dismissed, sacked, terminated. But its up to you, this article “Why its Important to have Representation”, is to give you options. Opportunity’s to think of ways, strategies moving forward.
I’m worried, i want the best outcome
Have you been recently dismissed, discriminated against or harassed? Unsure what to do but think you would like to make a claim with the Fair work Commission? It could be beneficial for you to seek advice and/or representation through a paid agent or lawyer. A representative is an individual who acts on a party’s behalf. This could be a lawyer, a paid agent, an employee or employer organization or someone else. Find someone who are experienced to draft the claims and applications on your behalf to a Federal Court standard. In turn who run the conciliation conferences, run arbitrations and have thousands of decisions published in the various jurisdictions. Experience counts.
Representation, by yourself
Running your dispute or claim in the Fair Work Commission, Anti-Discrimination Commissions, Boards and Tribunals, you have the option of representing yourself. Or seeking representation through paid agents such as A Whole New Approach. The various commissions, boards and tribunals support self-represented individuals. But they will not always have your best interests in regards to settling your matter.
When a unfair dismissal, general protections or discrimination claim is brought to these various jurisdictions, their job is to resolve the matter. Whether you are happy with the outcome or not. This is why representatives, lawyers and paid agents can assist you as they will argue your case to the best of their ability. In order to get you the outcome you deserve. If this is not convincing, take a look at the statistics and procedures of each jurisdiction when deciding whether you should obtain a representative for your claim.
Fair Work Commission
Pitfalls at the Fair Work Commission.
An example of this. It is a common issue at the Fair Work Commission in that those who are not eligible to lodge an Unfair Dismissal application, lodge a General Protections Application and continue to use the term “unfair” in their argument. Presently 70% of all general protections claims lodged are in the first five months of employment. The moment it is lodged the system looks at your claim with increased suspension wondering whether your in the Fair work Commion for the right reasons.
Unfair Dismissal Applications are often disguised as General Protections Applications. But these have different tests under the Fair Work Act 2009 (Cth).By drafting your claim correctly from the beginning. It shows that you understand the legislation, how the Respondent has contravened these provisions and thus when negotiating a settlement or remedy. The Commission and the opposing party will take your case more seriously and be more inclined to settle.
These applications are set down for a conciliation conference, in which the parties attempt to come to a resolution before the matter is referred for a formal hearing and determination.
Expected standards at Fair Work hearings.
When appearing at the Fair Work Commission, there are standards to be aware of in regards to the conduct of all people attending a hearing or conference at the Commission. The standards are in place to assist the Commission in providing fair hearings for all parties. Providing hearings involves allowing all parties to put their case forward. 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 you have a representative, they will guide you as to what these standards are and this will indicate to the Commission and the opposing party that you are taking the matter seriously. In order to argue the best possible outcome, applicants need to seize both the moral and legal high ground in the way they carry themselves during these conferences and hearings.
Representation at the Fair Work Commissions.
It is also important to note that the Fair Work Commission is an independent government body and so they are impartial. This means that the agents of the Fair Work Commission. Such as conciliators or Deputy Presidents, are not on the employee’s side. They provide even handed advice to both employers and employees on the merits of the unfair dismissal claim. If you engage a representative, they will address the merits of your claim. The Respondent’s arguments and provide you with the best advice on how your case can be best handled.
When the matter is listed for a conciliation conference, representatives make need to seek leave, or permission, to appear on an Applicant’s behalf, depending on the Application. In most cases, representatives are allowed to appear on behalf of the Applicant as the Commission understands that the Applicant unfamiliar with these types of proceedings.
The Applicant would be going up against large companies and corporations who have more knowledge about the requirements and procedures under the Fair Work Act 2009 (Cth). In addition, most claims have a great deal of complexity in regards to the issues involved. and Your representative will assist you in outlining the relevant argument for your particular application in order to “make your case” and convince the other side to settle.
In the Fair Work Commission 2018-19 Annual Report,
13,928 Unfair Dismissal applications were lodged. Of these 13,928 applications, 78 percent were (a total of 8,161) were resolved at the conciliation conference with the assistance of the Commission staff during conciliation. However, in order to settle these matters for an outcome an Applicant rightfully deserves, a representative’s expertise in negotiating are of high importance. The outcomes of these conciliations included monetary payments and non-monetary items (such as a Statement of Service or Resignation) for 50 percent of these claims. In 26 percent of cases, there were monetary payments only and in 18 percent of cases, there were non-monetary items only.
The Representation process.
There is a strict 21 days to lodge an application. This means if you have been terminated, do not waste time dwelling on your termination. Instead contact a reputable firm and enquire whether you have grounds to lodge an unfair dismissal application.
However, in claims where there are additional issues at hand, such as whether there is discrimination or sexual harassment, we often discontinue the matter at the Fair Work Commission and lodge an application to Anti-Discrimination Commissions, Boards or Tribunals. Again, these applications are primarily run on a no-win, no-fee basis and so we pursue the matter as far as we need to before you are offered a resolution you deem fair and just, given the circumstances.
Representation at Anti-Discrimination Commissions, Boards or Tribunals
A Whole New Approach lodges discrimination complaints in various jurisdictions around Australia to Anti-Discrimination Commissions, Boards or Tribunals. Our expert team has lodged thousands of applications of discrimination and sexual harassment to these jurisdictions. These Anti-Discrimination Commissions, Boards and Tribunals have measures in place for self-represented individuals. Statistics show that applications with representatives have a higher settlement rate all together.
For instance, the 2018-19 Annual Report for the Anti-Discrimination Board of New South Wales indicates that only 19.1 percent of cases settle at or after conciliation and only 7.5 percent of cases settle prior to conciliation. This means that there is a total settlement rate of 26.6 percent. A total of 14.6 percent of cases that are resolved at the Anti-Discrimination Board of New South Wales, these are referred to the New South Wales Civil and Administrative Tribunals.
A Whole New Approach Settlements
If you feel that you have been unfairly dismissed, discriminated against or harassed, you deserve to take action against the unlawful treatment you have endured. However, as things have not worked in your favour so far, it is difficult to see how a person would be successful at taking on their previous employer in these disputes.
“Why its Important to have Representation”, I think this is a great article for your consideration, your knowledge. Our statistics indicate that a high majority of our cases settle either the Fair Work Commission. Discriminations claims if lodged to the Anti-Discrimination Commissions, Boards or Tribunals, a large majority will settle at this stage. Regardless of where we lodge the Application, our 30 years’ experience and master negotiating skills mean we can assist you in improving your outcomes. In turn ensuring you obtain a settlement. In order to discuss potential applications.
Please give us a free call on 1800 333 666.
Want representation? Maybe yes, maybe no. Give us a call, explore your options, all termination of employment issues, diversity in the workplace concerns. We work in all states, Victoria, NSW, Qld, Tas, SA, WA, NT
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