As we’ve said previously, every unfair dismissal case is unique, and every story a different one. The possible outcomes from a hearing or conference will also depend on the type of matter that’s being dealt with. If your case progresses to a conference or hearing, possible outcomes include the following:

  • The matter may be dismissed if the application lacked merit or because a jurisdictional objection or other objection is upheld (find out more about a jurisdictional objection here.
  • in a dismissal matter the Fair Work Commission may order that the employee be reinstated or order payment of compensation
  • the FWC may make an order in relation to the matter, for example an order stopping industrial action, or an order approving an enterprise agreement.

Who pays the costs?

Each party involved in a case in a dismissal hearing or conference must usually pay their own costs. In some cases though, the Fair Work Commission may order a party to pay the costs of the other party—in part or full—if the application or response is considered:

  • frivolous, vexatious or made without cause, or
  • had no reasonable prospect of success.

Costs may also be awarded to one party if the Commission is satisfied that the costs were incurred as a result of an unreasonable act or omission of the other party.

We hope this series has been helpful to you. Please remember that everything we’ve said here is general advice only. If you’re facing an unfair dismissal situation please make sure you call Assurance HR on 1800 577 515.

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