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The 6 steps to go through when an employee files a claim

Employers, a Fair Work claim made against you? Here's what to expect.
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The 6 steps to go through when an employee files a claim

The 6 steps to go through when an employee files a claim

14 August 2018

Earlier this year, the Fair Work Ombudsman begun auditing 1,000 businesses in Australia. The audit aims to ensure compliance in all matters involving workplace relations, in all Australian businesses.

“Failures to pay correct base hourly, penalty and overtime rates and inadequate or non-existent record-keeping and pay-slips are some of the breaches we consistently see from employers,” the Ombudsman says.

Employers, a Fair Work claim made against you? Here's what to expect.


Step 1 - Phone call

You will receive a phone call from the Fair Work Commission notifying you that a claim has been made. 


Step 2 - Email or fax 

Details of the claim will then be sent to you via email or fax. (e.g. unfair dismissal or general application).


Step 3 - Your response 

You are required to prepare and file and ‘Employer Response’ within seven days.


Step 4 - Mediation 

You are required to participate in a phone call or face-to-face mediation or reconciliation conference with the employee who made the claim. 


Step 5 - Unfair Dismissals 

If the matter is not resolved – it is then scheduled for a hearing. You will need to prepare witness statements, written submissions and other relevant documents before attending the formal hearing.


Step 6 - General protections claims (e.g. discrimination) 

If the matter is not resolved after the formal hearing – a certificate is issued and the employee must choose whether or not to commence proceedings in the Federal Circuit Court. Some General Protections Claims can be heard before the Commission but only by consent.  


Your best strategy is to become compliant  

Take our Risk Profiler quiz to get a personalised compliance report on the workplace relations you have in place.  

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Our services include proactive legal compliance review, 24/7 access to employment relations advice, documentation and awards servicing, employment practices liability insurance and legal representation in the event of a claim.

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