Navigating Fair Work Commission (FWC) Unfair Dismissal Claims in Australia.
ER specialists vs employment lawyers.
Did you know that navigating an unfair dismissal claim is much like playing a strategic game? Interestingly, less than 1-2% of these claims result in a decision against the employer! The majority are resolved during Fair Work Commission (FWC) conciliation, often ending with compensation for the employee.
At ER Focus, we have a strong track record representing both employees and employers in unfair dismissal claims, offering pragmatic and strategic advice. What makes us stand out? Our team of Employment Relations (ER) specialists is led by experts with decades of experience in senior corporate HR and IR roles, allowing us to provide the best independent and confidential support.
Do You Need a Lawyer at the Fair Work Commission?
One common misconception is that you need an employment lawyer to represent you at the Fair Work Commission (FWC). In reality, that’s not the case! ER specialists are well-equipped to manage unfair dismissal claims. In fact, they often provide a more pragmatic approach than lawyers, focusing on practical solutions that consider both business realities and employee welfare.
ER Specialist vs Employment Lawyer: What’s the Difference?
- ER Specialist: An ER specialist brings a deep understanding of workplace dynamics, HR policies, and Fair Work regulations. They focus on finding practical, cost-effective solutions to resolve workplace disputes quickly. ER specialists are particularly adept at handling internal workplace investigations, providing tailored advice, and managing cases with a strategic focus on outcomes, rather than on purely legal arguments.
- Employment Lawyer: Lawyers bring extensive legal knowledge and are ideal for cases that may escalate to litigation. However, they often focus more on legal risk rather than the practical realities of managing staff, which can sometimes lead to overly cautious or rigid advice. Legal fees can also be significantly higher, making this a less appealing option for straightforward cases.
Why Choose an ER Specialist for Unfair Dismissal Claims?
At ER Focus, we offer practical, real-world advice that helps clients navigate unfair dismissal claims in a cost-effective manner. Unlike lawyers, who may focus solely on legal frameworks, we consider the broader workplace context and the implications of each decision on business operations and employee relations.
How the Unfair Dismissal Process Works
When an employee lodges an unfair dismissal claim with the Fair Work Commission (FWC), the goal is often to resolve it during conciliation. This stage allows both parties to negotiate a settlement, which typically results in financial compensation for the employee. In rare cases, an employee might be reinstated, although this outcome is less common.
The Strategic Edge of ER Specialists
Our team has extensive experience guiding clients through the conciliation process, with a deep understanding of Australian employment law. By offering clear, independent advice, we help employers and employees alike make informed decisions, always focusing on achieving the best possible outcome.
Reinstatement: A Rare Outcome
Did you know that while most unfair dismissal claims end in compensation, some lead to reinstatement? This outcome is rare but can add complexity to a case, further highlighting the need for expert advice from someone who understands both the legal and practical aspects of the process.
Speak to a WHS advisor for advice
Whether you’re looking to defend an unfair dismissal claim, explore compensation options, or understand your obligations, ER Focus is here to help. David Haydon and his experienced team of employment relations specialists offer practical, independent advice to guide you through the process.
David is an employment relations specialist, highly experienced workplace investigator and independent HR consultant. David works with clients Australia-wide.
David Haydon
Employment Relations Specialist, Workplace Investigator and HR Consultant