Mullane & Lindsay SolicitorsMaking an unfair dismissal application: what can you expect? - Mullane & Lindsay Solicitors

Making an unfair dismissal application: what can you expect?

Posted on March 6th, 2018

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The Fair Work Commission’s Annual Report for 2016-2017 has provided a number of statistics that shed light on what to expect when making an application to the Fair Work Commission (‘FWC’) for an unfair dismissal remedy.

According to the Annual Report, unfair dismissal applications are the largest category of applications received by the FWC each year, representing more than 40% of the total applications made to the FWC.

The FWC reports that the vast majority (93%) of unfair dismissal matters are either resolved by agreement of the parties through conciliation or withdrawn by the applicant. Only 2% of unfair dismissal applications are finalised by a decision about the merits of the case. 

In 2016-2017, the FWC handed down 307 decisions about the substantive merits of the application and of these decisions:

  • 125 applications were dismissed, with the FWC finding that the dismissal was fair
  • 160 applicants were provided with various forms of remedies for unfair dismissal.
  • Monetary awards were ordered in 135 matters.
  • Reinstatement without compensation for lost remuneration was ordered in 10 matters.
  • Reinstatement plus compensation for lost remuneration was ordered in 15 matters.
  • 6 applications were granted with no remedy.
  • 16 applications were granted, with a remedy still to be determined at the time of the Annual Report.

In most cases where compensation was ordered, the amount of the order was between $2,000-$3,900.00. There were only three cases where an order form compensation was above $40,000.00.

An applicant can expect that the matter will be finalised within 102 days after the lodgement of the application, with 90% of cases in 2016-2017 being finalised within this time.

Katie ThompsonKatie Thompson is a Solicitor at Mullane & Lindsay Solicitors and practises in the Commercial dispute resolution and litigation team. If you require any assistance in this area please contact Katie Thompson to arrange a consultation or contact our Newcastle or Sydney office. 

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