Unfair Dismissal Hearing Preparation: A Guide to the Fair Work Commission
Unfair dismissal hearing preparation is essential if you cannot resolve your dispute through conciliation. When an application remains active, the matter moves to a formal legal proceeding before a member of the Fair Work Commission. This stage produces a binding outcome that all parties must uphold.
The Commission may choose between two formats:
- Determinative Conference: A private, more informal setting.
- Hearing: A formal proceeding that is often open to the public.
The Commission determines the best format after evaluating the views of both parties and deciding which method most effectively resolves the matter.
Key Steps for Your Unfair Dismissal Hearing Preparation
You have the right to legal representation during these proceedings. Assurance HR can manage this process for you, ensuring you meet all legal requirements.
If you represent yourself, you must prepare to perform tasks usually handled by a lawyer. You will need to:
- Give evidence and undergo cross-examination in the witness box.
- Question your own witnesses to support your claims.
- Cross-examine witnesses from the opposing side.
Preparing and practicing your questions in advance helps the Commission Member gather the information necessary to reach a fair decision.
Mastering Cross-Examination Questions
Your unfair dismissal hearing preparation should focus heavily on your questioning technique. Use these strategies to build a strong case based on the Fair Work Act:
- Use Questions, Not Statements: Ensure the witness has the opportunity to answer rather than simply listening to your claims.
- Ask Open-Ended Questions: Avoid leading the witness. Instead of asking, “You saw the email, didn’t you?” ask, “What did you see in the email?”.
- Stick to First-Hand Knowledge: Only ask witnesses about events they personally witnessed.
- Focus on Relevance: Every question should help tell your story as it relates to specific sections of the Fair Work Act.
Get Professional Help with Your Hearing
Formal proceedings can feel confronting and stressful. Proper unfair dismissal hearing preparation gives you the confidence to present your case clearly.
Contact Assurance HR today at 1800 577 515 for expert representation and advice.
