Employment & Industrial Relations
9. Unfair Dismissal Hearings
Firm / Chambers:
Last updated: 26 Jul 2015
- If the matter is not settled at conciliation the next step is to prepare for a hearing.
- Once a hearing is listed the employee must provide the Fair Work Commission and the employer with a detailed submission of their case. This is an outline of the facts leading to the dismissal and an explanation of why the employee believes the dismissal was unfair.
- The employer must provide submissions in response.
- At the hearing the parties will have an opportunity to:
- outline their case;
- call on witnesses that are relevant to their case;
- listen to the submissions and witnesses of the other side; and
- cross-examine witnesses called by the other side.
- Hearings are generally public hearings and the Fair Work Commission is required to publish the decision.
- In certain cases the commissioner may decide to hold the hearing in private.
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