Industrial Relations - What should an employer do when they receive notification of an unfair dismissal listing before the Commission
Date: March 16, 2011
Authors: Michael Cruz B.Eng., JD
What Should an employer do when he/she receives notification of an unfair dismissal listing before the Commission?
As an employer when you receive notification of an unfair dismissal listing before the Commission you have the right of reply. To correctly reply you will need to lodge a “Form 7A - Application for Relief in Relation to Unfair Dismissal“ with the Industrial Registry. Applications may also be filed at the Commission’s Registry at Newcastle and at Wollongong. You will also be required to send a copy of this application to the applicant.
Form 7A applications must be filed within 21 days from the date on which the dismissal took effect.
What happens if I file the application late?
If you file the application late the Commission will look at the reasons for the delay and may or may not hear the application. In making their decision the Commission will consider:
- The reason for, and the length of, the delay;
- Any hardship that may be caused to the applicant or the employer if the application is or is not rejected; and
- The conduct of the employer relating to the dismissal.
Please contact LAC Lawyers for further information on any Employment Law matter.
