Introduction
In a conciliation, we help the employer and the employee discuss the issues in their unfair dismissal case. The discussion takes up to 90 minutes and is usually via an online meeting.
On this page:
Content
Important to note
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The employee and the employer both take part in conciliation.
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We provide an independent person to guide you.
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The goal is a settlement but you do not have to accept it.
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You can bring a legal representative, family member, or friend.
Online learning
Content
Complete our online learning module to learn more about the conciliation process. See Preparing for an unfair dismissal conciliation.
At the start of the meeting
A conciliator from the Fair Work Commission runs the meeting. They are independent and do not take sides. Find out more about The role of the conciliator. At the start of the meeting:
- The parties and their representatives join the conciliation using the link in the notice of listing.
- Parties and representatives will wait in an online lobby.
- The conciliator will admit the parties and their representatives.
- The conciliator explains their role and how they will run the meeting.
About the case
The employee and the employer briefly explain their stories. This includes what happened, any relevant facts and what they want as a result.
The conciliator may ask questions or allow the participants to ask questions.
The participants discuss the circumstances of the dismissal and any issues.
The employer and employee can negotiate and explore different settlements. In conciliation, any outcome is possible if both parties agree to it.
This is different from a hearing, where the law controls and limits the outcomes.
Private discussions
The conciliator may want to talk privately with each participant. To do this, they will place the parties and representatives in separate virtual meeting rooms. In these private discussions, each side has the chance to speak about their situation.
The conciliator helps the parties to reach agreement by:
- identifying common ground
- suggesting options
- helping the parties draft an agreement in writing.
Private discussions can continue for some time. The conciliator shares the proposals and counter-proposals between the two sides.
This may help the parties reach an agreed settlement.
Settlement or next steps
After the private discussions, the conciliator connects everyone to the conciliation again. They confirm:
- the details of the settlement, if the parties agreed
- the next steps if the parties did not reach an agreement, which is a formal conference or hearing.