As we’ve said previously, every unfair dismissal case is unique. The possible unfair dismissal outcomes from a hearing or conference depend entirely on the specific matter at hand. If your case progresses, you may encounter several different results.
Potential Unfair Dismissal Outcomes at the FWC
If you attend a conference or hearing, the Fair Work Commission (FWC) typically determines the result based on the merits of the case. Common unfair dismissal outcomes include:
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Dismissal of the Application: The Commission may dismiss the matter if the application lacks merit or if they uphold a jurisdictional objection.
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Reinstatement or Compensation: In successful dismissal cases, the FWC may order the employer to reinstate the employee or pay financial compensation.
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Specific Commission Orders: The FWC can issue orders to stop industrial action or approve an enterprise agreement.
Who Pays the Legal Costs?
In most dismissal hearings, each party must pay their own costs. However, the Fair Work Commission may order one party to pay the other’s legal fees—either in part or full—if they find the application or response was:
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Frivolous, vexatious, or made without cause.
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Lacking any reasonable prospect of success.
The Commission may also award costs if one party caused the other to incur expenses through an unreasonable act or omission.
Next Steps for Your Case
We hope this series on unfair dismissal outcomes has been helpful. For more information on how the process works, Check out HR link or visit Fair Work Commission website.
Please remember that this is general advice only. If you are facing an unfair dismissal situation, call Assurance HR on 1800 577 515 for expert support.
