Unfair Dismissal Compensation
The Fair Work Commission is the workplace relations tribunal that will consider your application for unfair dismissal. There are a number of remedies available to you if the Commission determines that you have been unfairly dismissed. These include:
reinstating you back into the job you were dismissed from; and/or
compensation (this is capped at 26 weeks pay).
The Commission will seek to have your job reinstated (if practical) or into a new position that is similar in hours, responsibilities and pay. If this occurs, you will also be entitled to back pay. The Commission may also make an order that your continuity of employment will be maintained and that there will be no break in your service or accrual of entitlements.
However, if it is not practical or reasonable to reinstate you (if a working relationship is not going to work), then alternatively compensation may be ordered as a remedy. Compensation is capped at 26 weeks pay and the total amount of compensation able to be awarded is half of the high income threshold amount that applies immediately before the dismissal. This is currently $71,000 as the high income threshold until 30 June 2018 is $142,000.
Any payments that:
- are made to you by your employer, such as: notice payments; or
- anything you may earn after you were dismissed by your employer;
- will be taken into account by the Commission when it calculates the amount of compensation to be awarded.
You will not be awarded compensation for shock, distress or humiliation.
Did you know that you can also go to Conciliation?
Conciliation is a voluntary informal process to resolving disputes of unfair dismissal.
You and your employer can agree to a Conciliation and try and resolve the dispute in relation to your dismissal at the Conciliation. This means that if you can settle at Conciliation you do not need to go to a formal conference or hearing.
A Conciliation is private and you and your employer and the Conciliator will discuss the dispute and whether you and your employer may agree to a settlement. Settlements between you and your employer may include the following:
- reinstatement of your job;
- monetary settlement (compensation);
- an apology from your employer;
- a written statement of service from your employer;
- payment of entitlements that have been unpaid and are owed to you by your employer (such as notice or leave payments); and/or
- an agreement that you and your employer will not disparage (belittle or bad mouth) each other.
If you cannot reach a settlement then you can proceed to a formal hearing and the Commission will determine if you have been unfairly dismissed and if you will get your job back and/or any compensation.
Anderson Gray Lawyers are unfair dismissal experts in Brisbane, Sydney and Melbourne. If you need any further information about unfair dismissal and the options available to you, don’t hesitate to contact us today!