Unfair dismissals are the largest category of applications received each year by the Fair Work Commission, representing more than 40 per cent of total applications made.

It can be confronting to receive an email from the Fair Work Commission letting you know an application has been made for an unfair dismissal.

However, it is important not to act emotionally or in haste. Remember that just because there is a matter lodged before the Commission, this doesn’t necessarily mean you have failed to meet your obligations.

Often issues are resolved at conciliation, and a formal hearing can be avoided. In fact, of the applications finalised after conciliation in 2016–17, over two thirds were settled by agreement the applicant after staff conciliation but before a formal hearing.

With a total of 14,135 unfair dismissal applications lodged last year, most employers come across them eventually.

Workclaims Australia can help you to prepare for a good outcome. When handled capably by an expert, there are fewer unnecessary technicalities, and the response process does not drain as much time or emotional energy of business owners or their staff. Employers may be relieved to know that the median time lapsed from lodging applications to finalising conciliations in unfair dismissal claims is 34 days. Having competent and knowledgeable representation pays off.

If you have heard from the Commission, call Workclaims Australia on 08 9301 0850 to plan your next steps. It does not matter which state you are in as the Commission has a national jurisdiction.

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Small businesses are often shocked when this happens, but don’t panic. You have 21 days to respond. We know you want to reach out to the applicant, but our experience shows you must follow the process. Our office can provide information and direction once we look at the history.

Hi Mark. You are right to be proactive. A collection of documents, handbooks and agreements are essential once businesses get to a certain size. We can help to review your workplace for your protection.

Unfair dismissals are the largest category of applications received each year by the Fair Work Commission