Unfair Dismissals Quarterly Report released

Resolutions up and applications down

March 15, 2017

The Fair Work Commission (FWC) has released its Unfair Dismissals Quarterly Report for the period October 2016 to December 2016 (the Report). The Report revealed that there has been a decrease in the number of applications lodged with the FWC compared to the same period in previous years.

The Fair Work Commission (FWC) has released its Unfair Dismissals Quarterly Report for the period October 2016 to December 2016 (the Report). The Report revealed that there has been a decrease in the number of applications lodged with the FWC compared to the same period in previous years.

Resolutions have also occurred more quickly, with 80% of applications being resolved prior to any formal proceedings before a FWC member. The Report provided that 16% of applications were resolved prior to the conciliation. This is likely due to the best practice approach adopted by many employers seeking legal advice prior to terminations or other potentially contentious actions including:

Providing advice and guidance to the employer to ensure the principles of procedural fairness have been applied.
Assisting the employer with the drafting of the allegation / ‘show cause’ and termination letters.
Preparing detailed Employer Responses to unfair dismissal Applications and General Protections matters.
Conducting the settlement negotiations.

Clearly written letters by the Employer together with carefully drafted succinct Applications and Responses give the parties the best chance to fully understand their respective positions and their strengths and weaknesses. This allows the parties to properly assess the merits of their respective positions at the earliest opportunity. In turn, this puts the parties in the best possible position to explore commercial sensible resolutions prior to/at Conciliation stage.

Commission finds failure to consult meant dismissal was not a genuine redundancy

When you assume

In a recent decision, the Fair Work Commission has emphasised that an employer’s obligations to consult during the redundancy process under the Fair Work Act 2009 (Cth) is not a mere procedural formality, but a mandatory requirement for genuine redundancy.

March 9, 2026

Blogs

FWC orders reinstatement despite valid reason for dismissal

It was a one-off

It is important that employers carefully consider and weigh any mitigating factors when undertaking disciplinary processes. A fair and balanced approach ensures that behavioural risks in the workplace are managed effectively without losing sight of the broader context in which the behaviour occurred.

February 18, 2026

Blogs

Managing ill and injured workers

In her usual entertaining and informative style, our Managing Director and Principal, Athena Koelmeyer, will guide employers through the tangled web of legislative obligations they face when dealing with an ill or injured employee.

April 29, 2025

FWC confirms that employers not required to discern employee’s capacity to work

No crystal ball required

When managing employees with medical conditions, employers are not expected to discern an employee’s capacity to work or identify appropriate workplace adjustments. Instead, decisions should be made based on the medical evidence available to the employer at that time.

July 22, 2026

Blogs

FWC rejects WFH request for employee with primary caring responsibilities

Caring is sharing

In a recent decision of the Fair Work Commission, an employer has had its reasons for refusing a flexible working arrangement request upheld on the basis that the employee’s primary caring responsibilities created a risk to the accurate and efficient performance of his duties.

July 22, 2026

Blogs

Small business employers and redundancy consultation obligations

Close enough is not good enough

The Fair Work Act 2009 (Cth) provides a defence to an unfair dismissal application made by an employee who has been dismissed as a result of a genuine redundancy.

July 22, 2026

Resources: Blogs

Resolutions up and applications down