The remedies available to the Fair Work Commission when dealing with applications are determined by the Fair Work Act 2009.
A remedy for unfair dismissal may include:
If you choose to participate in conciliation, a Commission Conciliator will hold discussions between the employee and the employer to reach an agreed settlement. Most applications for unfair dismissal remedy settle at conciliation.
The conciliations are private, and the settlements may include:
If the application is not resolved at conciliation, the case will proceed to a conference or hearing before a Commission Member.
The Member who hears the case will consider all of the factors listed below. If they are then satisfied that the employee was unfairly dismissed, they may order:
In considering the application, the Member must take into account:
This page contains information about the results and outcomes of applications for unfair dismissal remedy made under s.394 of the Fair Work Act 2009. The data is provided so that parties have information about how previous matters have been finalised.
This data will be updated annually at the time of publishing the Fair Work Commission’s annual report. The annual report is published in October for the preceding financial year activities.
It is important to note that this information cannot be used to predict the outcome of any particular matter, as the facts and circumstances of each case will be different.
|Settlement—monetary items without reinstatement||1,404||1,660||1,712||1,750|
|Settlement—monetary and non-monetary items without reinstatement||5,171||5,511||5,122||5,147|
|Settlement—non-monetary items without reinstatement||1,650||1,627||1,624||1,820|
|Settlement—reinstatement and monetary items||12||23||17||15|
|Settlement—reinstatement and non-monetary items||8||13||11||4|
|Settlement—reinstatement, monetary and non-monetary items||5||4||8||5|
|Matters not settled||2,206||2,280||2,321||2,337|
|No. of matters||Percentage of settlements involving monetary payment|
1 A maximum of the monetary value of six months’ salary by way of compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.
|Application dismissed—dismissal was fair||104||125||130||161|
|Application granted—no remedy granted||7||6||7||10|
|Application granted—reinstatement and lost remuneration||17||15||18||15|
|Application granted—remedy to be determined||19||16||24||10|
|Equivalent number of weeks’ pay||7||8|
Note: Median outcomes reflect the remedies ordered by the Commission, which are expressed as a dollar amount and as the equivalent number of weeks’ pay of the applicant. Data is only available for 2016–17 and 2017–18.
The 2017–18 figure for ‘equivalent number of week’s pay’ in this table corrects Table D8 in the 2017–18 annual report.
|$40,000 – maximum amount1||3||3||4||2|
|No loss of wages||0||0||0||1|
1A maximum of six months compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.
2Unknown as administrative data is incomplete.
|$40,000 – maximum amount1||5||1||1||0|
|No loss of wages||1||2||1||2|
1 A maximum of six months’ compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.
2 Unknown as administrative data is incomplete.
In compiling this information all efforts have been made to ensure statistical accuracy. However, minor revisions in figures may occur. The Commission's annual report, which is tabled in the Australian Parliament each year, is the official statistical record of Commission activities.