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.