Since the 1/7/2009 FWA has taken over the Australian Industrial Relations Commission one of the major changes is the way unfair dismissal conciliations are conducted. Now some 90% are conducted by phone, with a settlement rate of some 75%.
It appears to be a success, with less cost and the conferences conducted far quicker than they used to be. Many lawyers and industrial relations practitioners are complaining about the ”over the phone system”, arguing it”s only by Employers and Employees sitting opposite each other the truth comes out and right level of payment and justice can be achieved, beit at increased cost.
There is an argument for this, particularly if there is alot of documents to be tabled. I think the new system works, the down side is alot more Employees are representing themselves, you can say this is good thing, if the unfair dismissal claim settles for the right amount or reinstatement is achieved.
Overall my view is the amount unfair dismissals are settling for has fallen. But what happens when it doesn”t?. FWA do not muck about and the case is then sent to trial. The Employee is then stuck with the cost of this or dropping their claim. So many Employees are now finding themselves on the end of phone with little support and not knowing what to do. Does anyone care?. Certainly the Employer doesn’t, the Government doesn’t as it achieved what it always promised, that was unfair dismissal rights for all, at lower cost and payouts, in this regards the Government has honoured an election promise.
What is not understood by many applicants is that Fairwork Australia is not there to support your claim, but to facilitate your claim and must remain impartial. But in my view unfair dismissals is about the individual, the person who has lost their job. Employees should ring around, get a feel for should they be represented, what is their claim worth, what are the prospects of success.
