Unfair Dismissals Quarterly Report released

Resolutions up and applications down

March 15, 2017

The Fair Work Commission (FWC) has released its Unfair Dismissals Quarterly Report for the period October 2016 to December 2016 (the Report). The Report revealed that there has been a decrease in the number of applications lodged with the FWC compared to the same period in previous years.

The Fair Work Commission (FWC) has released its Unfair Dismissals Quarterly Report for the period October 2016 to December 2016 (the Report). The Report revealed that there has been a decrease in the number of applications lodged with the FWC compared to the same period in previous years.

Resolutions have also occurred more quickly, with 80% of applications being resolved prior to any formal proceedings before a FWC member. The Report provided that 16% of applications were resolved prior to the conciliation. This is likely due to the best practice approach adopted by many employers seeking legal advice prior to terminations or other potentially contentious actions including:

Providing advice and guidance to the employer to ensure the principles of procedural fairness have been applied.
Assisting the employer with the drafting of the allegation / ‘show cause’ and termination letters.
Preparing detailed Employer Responses to unfair dismissal Applications and General Protections matters.
Conducting the settlement negotiations.

Clearly written letters by the Employer together with carefully drafted succinct Applications and Responses give the parties the best chance to fully understand their respective positions and their strengths and weaknesses. This allows the parties to properly assess the merits of their respective positions at the earliest opportunity. In turn, this puts the parties in the best possible position to explore commercial sensible resolutions prior to/at Conciliation stage.

Commission finds employer’s unsubstantiated allegations rendered dismissal unfair

Not mushroom for error

Where there is a factual dispute about allegations made against an employee, employers must ensure that the allegations are properly tested before proceeding to a disciplinary process. This will ensure that the employee has been provided with procedural fairness and any reasons relied on by the employer as grounds for dismissal are valid.

November 19, 2024

Blogs

FWC finds Philippine-based worker entitled to claim unfair dismissal

Objection overruled

When engaging overseas workers to perform work for an Australian entity, employers need to be mindful of the risks that such workers may be considered employees to whom the Fair Work Act 2009 (Cth) might apply.

November 12, 2024

Blogs

Commission finds employer’s ‘rushed’ investigation process of sexual harassment allegation renders dismissal unfair

Something worth waiting for

When conducting workplace investigations, one issue that we commonly face is ensuring that the process is completed in a timely manner to minimise any disruption and uncertainty in the workplace. However, whilst investigations should be completed as quickly as possible, this must not come at the expense of procedural fairness being provided to all employees involved.

October 15, 2024

Commission finds employer’s unsubstantiated allegations rendered dismissal unfair

Not mushroom for error

November 19, 2024

Blogs

Commission finds role with additional 88km travel time was not suitable alternative employment

The road less travelled

An employer may apply to the Fair Work Commission to have an employee’s redundancy pay reduced to a specified amount (which may be nil) in circumstances where it has obtained “other acceptable employment” for the employee.

November 19, 2024

Blogs