The Registry cannot give names of lawyers, however the Law Society of NSW may be contacted for the names of solicitors practising in the area of employment law. Assistance and advice may be available from community legal centres, unions, and employer organisations.
No, the Commission’s role is to act as an independent third party to help develop possible solutions.
Representation is not compulsory and it is up to individual parties to decide whether he/she wishes to be represented.
Parties may appear on their own behalf or may be represented by a union, employer organisation, friend or family member or may, subject to the leave of the Commission, be represented by a lawyer or an industrial agent.
An employer has a right of reply and should file Form 7x – Employer’s Reply with the Registry. A filed copy should be sent to the applicant. The employer should also file and serve a Form 37 -Notice of Appearance.
A union can make an application for a small claim (up to $10,000) during unfair dismissal proceedings. Individual applicants may make an application to the Chief Industrial Magistrate’s Court which can be contacted on (02) 9287 7832.
Compensation is not to exceed 6 months of an applicant’s remuneration immediately before being dismissed. The amount received will vary in each case and depend on various factors including, for example, whether the applicant made a reasonable attempt to find alternative employment.
Remedies include reinstatement, re-employment and/or compensation.
The onus is on the applicant to correctly identify their former employer. For State and Local government employees the easiest way to ascertain this information is from your payslip.
Remuneration is a broad concept and has been held to include superannuation and private use of a motor vehicle. In appropriate circumstances it has also been held to include bonuses, commission, provision of a mobile phone, but not overtime. Parties should seek their own advice concerning this.