Employment Law Update
Did you know? Unfair dismissal statistics
In the period from 1 July 2014 to 30 September 2014 there were:
- 3,668 unfair dismissal applications lodged with the Fair Work Commission;
- the settlement rate of applications at conciliations was 79%;
- all but 64 of the 3,007 conciliation conferences were conducted by phone; and
- 86% of the arbitrated proceedings resulted in the application being dismissed.
These statistics establish that the unfair dismissal regime is alive and well. In particular, given that the filing fee for bringing a claim is so low ($67.20) and is usually refunded if the application resolves at conciliation, it is more likely than not that:
- an aggrieved employee will make an application post-termination (i.e. within 21 days); and
- the application will be settled, usually by the provision of a benefit to the ex-employee (e.g. re-categorisation the manner of termination, compensation etc.).
We have conducted many conciliation conferences, and a smaller number of arbitrated hearings in 2014 and are well placed to guide employers through the process of defending an unfair dismissal claim, should one be made against your business.
For further information, please contact:
Seamus Burke | Partner
P: +61 2 4926 1733
This document contains information only and should not be relied upon by anyone as constituting legal advice