Introduction
An unfair dismissal case may go to a conference or hearing. The Commission Member hears the case and makes a decision based on the law.
Content
When the Member makes a decision at a hearing or conference, they issue an order or a decision with the outcome.
If they decide that the dismissal was unfair, they may order the employer to:
- Give the employee their job back (‘reinstatement’). This may include continuity of service and pay or benefits the employee lost while they were not at work.
- Give the employee money (‘compensation’) up to a limit set by law. We cannot order compensation for any shock, distress, hurt or humiliation.
Find out What happens at a hearing or conference.
The employee or employer may apply to appeal the result.
Hearing outcome information
The table below shows the results from the last 5 years of unfair dismissal hearings. This information will help you understand the more common hearing outcomes. For conciliation outcome information see compensation for unfair dismissal.
| Outcomes | 2023-24 | 2022-23 | 2021-22 | 2020-21 | 2019-20 |
|---|---|---|---|---|---|
| Application dismissed – dismissal was fair | 78 | 191 | 128 | 104 | 93 |
| Application granted – no remedy granted | 4 | 5 | 9 | 9 | 7 |
| Application granted – monetary | 142 | 75 | 50 | 144 | 92 |
| Application granted – reinstatement | 4 | 7 | 1 | 4 | 4 |
| Application granted – reinstatement and lost remuneration | 13 | 9 | 20 | 13 | 12 |
| Application granted – remedy to be determined | 18 | 9 | 5 | 36 | 17 |
| Application granted – parties settled on remedy | 6 | 0 | 2 | 3 | - |
| Total | 265 | 296 | 215 | 313 | 225 |
The table below shows you the median compensation awarded at a hearing for the past 5 years.
| Median compensation | 2023-24 | 2022-23 | 2021-22 | 2020-21 | 2019-20 |
|---|---|---|---|---|---|
| Amount | $10,898 | $7, 797 | $6,701 | $6,230 | $8,031 |
| Equivalent number of weeks’ pay | 5 | 7 | 5.25 | 6 | 7.1 |
Note: Median outcomes reflect the remedies ordered by the Commission, which are expressed as a dollar amount and as the equivalent number of weeks pay of the applicant.