Although most claims lodged in the areas of unfair dismissal, discrimination and sexual harassment will settle prior to a hearing, sometimes an employer will refuse to make any offers, or the offer which they make is simply unacceptable.
If you lodge a claim against your employer and it does not settle, you can pursue the claim through to a court, commission or tribunal where a judge or member of the tribunal or commission will make the final decision. The final desicion must be complied by all parties.
Australian Workplace Discrimination Representatives (AWDR) has extensive experience representing individuals in hearings; a summary of our recent cases can be found at the Claims We Have Taken to Tribunals page.
Working out how much your claim is worth is a complicated process, and it won’t always be obvious when your claim is initially lodged. In some types of claims, such as sexual harassment claims, you can claim compensation for your loss of income, and for pain and suffering. In other types of claims, such as unfair dismissal claims, compensation is limited to loss of income. Other outcomes may be sought, such as reinstatement or an apology.
In every circumstance, we will strive to get the best possible outcome for you. Learn about the average payout for unfair dismissal in Australia.
Below is a summary of recent compensation awards in the different jurisdictions. These summaries do not include every decision handed down in each jurisdiction, but can help you to get an idea of what compensation you might be entitled to.
At Australian Workplace Discrimination Representatives (AWDR) we are here to advise you as correctly and honestly as possible, we always suggest that you conduct your own research if you are looking at pursuing action.
Result type | Year to date | Year to date % |
Settlements involving | 3681 | 100 |
$0–$999 | 310 | 8 |
$1000–$1999 | 617 | 17 |
$2000–$3999 | 940 | 26 |
$4000–$5999 | 662 | 18 |
$6000–$7999 | 404 | 11 |
$8000–$9999 | 237 | 6 |
$10,000–$14,999 | 283 | 8 |
$15,000–$19,999 | 97 | 3 |
$20,000–$29,999 | 91 | 2 |
$30,000–$39,999 | 21 | 1 |
$40,000–maximum amount | 12 | 0 |
maximum amount | 7 | 0 |
The above data is from the Fair Work Commission, and can be accessed here: Dismissals Outcomes
Result type | Year to date | Year to date % |
Employment separation certificate | 182 | N/A |
Payment in kind | 33 | N/A |
Provision of information or undertaking | 815 | N/A |
Reference | 336 | N/A |
Resignation | 1934 | N/A |
Return of property | 85 | N/A |
Statement of service | 2688 | N/A |
Withdrawal of allegation(s) | 20 | N/A |
Withdrawal of application | 634 | N/A |
The above data is from the Fair Work Commission, and can be accessed here: Dismissals Outcomes
