FAQ

What is an unfair dismissal?

Under the Fair Work Act s.385 a person has been unfairly dismissed, if the Fair Work Commission is satisfied that an employee (who is protected from unfair dismissal) has been dismissed and the dismissal:

• was harsh, unjust or unreasonable, and
• was not consistent with the Small Business Fair Dismissal Code (in the case of employees of a small business), and
• was not a case of genuine redundancy.

For more information on the Fair Work Act, visit www.fwc.gov.au

What is a Form F2?

This is an unfair dismissal claim. You have been served with a Form F2 by a terminated employee because:

• they believe there was not a valid reason for their dismissal
• they were not notified of the reason before they were dismissed
• they were not given an opportunity to respond to the reason for their dismissal before they were dismissed
• they had not previously been warned about unsatisfactory performance
• in all the circumstances, their dismissal was harsh, unjust or unreasonable

You must respond to a Form F2 within 7 days of being served with the claim.

If served with Form F2, please navigate to our services page here.

What is a Form F8?

This is a general protections dismissal claim. You have been served with a Form F8 claim because the employee believes that their employment was terminated on the grounds of:

• race
• colour
• sex
• sexual orientation
• age
• mental or physical disability
• marital status
• family or carers responsibilities
• pregnancy
• religion
• political opinion
• national extraction, or
• social origin
• OR because they were temporarily absent from work because they were sick or injured
• OR because they joined or did not join a trade union or participated in industrial activities
• OR because they exercised or proposed to exercise a workplace right

You must respond to a Form F8 within 7 days of being served with the claim.

If served with Form F8, please navigate to our services page here.

How will my dispute be managed?

• We will review the claim served against your business, and then email you to seek relevant documents and further information to understand your defence to the claim.
• If we believe you have a defence, we will prepare and lodge your documentation to the Fair Work Commission.
• Usually, you will be given a date and time for a telephone conciliation conference. This is an informal hearing where both parties and their representatives try to resolve the dispute with the assistance of an independent conciliator.
• If an agreement cannot be reached at conciliation, the matter will progress to a formal hearing to be heard and a legally binding decision made by a Commissioner.

How much will it cost?

The set fee for services provided up to the first telephone mediation is $2,500 AUD.
We will advise further about costs if the matter proceeds to a formal hearing and if there are requirements to review further evidence.

I run a small business. Do I have different rules for dismissal?

Small businesses have different rules for dismissal. A small business is defined as any business with fewer than 15 employees. The Small Business Fair Dismissal Code provides protection against unfair dismissal claims, where an employer follows the Code. The Fair Work Commission will deem a dismissal to be fair if the employer follows the Code and can provide evidence of this.

For more information on the Small Business Dismissal Code, head to https://www.fairwork.gov.au/ending-employment/unfair-dismissal

For more information about unfair dismissal claims and processes, refer to the Fair Work Commission https://www.fairwork.gov.au/ending-employment/unfair-dismissal