- Have you lodged a claim for an Unfair Dismissal to the Fair Work Commission?
- Did your claim not settle at the Conciliation stage?
- Or did your employer refuse to attend conciliation?
Arbitration is a process in which parties to any dispute and/or grievance are able to present evidence and arguments before an Arbitrator. Witness statement and written legal argument should be provided.
The Arbitrator will review all of the information and documentation submitted together with any evidence given under oath (including cross examination) by the parties of the dispute, and make an informed determination which is final and binding on all parties. The presiding arbitrator however is not required to make a determination on the day of the arbitration hearing and can reserve their decision for an indefinite period while they evaluate/ examine all of the supporting information, documentation and evidence and any precedents before handing down their ruling.
The arbitration process is a flexible and efficient means of resolving disputes and/ or grievances can be a private one and subject to the agreement of the parties involved remain confidential.
Arbitration hearings within the Fair Work Commission are presided over by Commissioners and some Deputy Presidents. These hearings are normally held when a Fair Work Commission convened Conciliation Conference failed to resolve a dispute or grievance that had occurred within the workplace.
Appeals against rulings made by Fair Work Commission Arbitrators are seldom upheld and are unlikely to succeed unless the original Arbitrator is found by the Appeal process to have made a significant error in their original interpretation/ ruling.
In the new Fair Work Commission system there has been a large increase in the number of employees representing themselves in the unfair dismissal hearings. However the evidence is that well over 50 percent of Applicants who represent themselves fail in their dismissal claim. Many employees are capable of representing themselves through the conciliation and arbitration process until the Employer starts telling lies, bending the truth, withholding information and documents.
There is an assumption by many employees that the Fair Work Commission system is there to help them, to take care of them and get them their jobs back. This is not the case, the Fair Work Commission system is to be utilized and be even handed. Many employees find out the hard way at Arbitration that the system is not only there for them, but for the other side. If you want someone to represent your, and only your, interests, consider getting a representative.
If you are thinking of pursing your claim to arbitration, call our offices today!
TOLL FREE: 1800 333 666
Click here for information on arbitrations we have run.