Fwa Unfair Dismissal Matters Can Take Up To 6 Months Before Hearing

Fair Work Australia continues to find out a rise at the great deal of unfair dismissal

matters that's asked to assist with other resolving, numbering much more than the one thousand applications per month.

Reports demonstrate that the average time between lodgement as well as a decision being handed down into these matters is 170 days. However the saving grace appears to be the new teleconference conciliation process that was introduced by the Fair Work Act 2009 (Cth). This method has seen the vast majority of matters settled at this point.

The cases are taking a very long time to process along along with other other 170 days being the average time in one application date to judgement. The overwhelming majority of unfair dismissals are being resolved in conciliation.

The details come in one the latest statistical reports, And too this FWA has began releasing on a quarterly basis. This week it released the reports to the September and December 2010 quarters, the first update of figures now that the annual report (WF17505).

In the September quarter, there were 3,115 s394 unfair dismissal applications And too this rose to 3,164 at the December quarter. These figures combined suggest dismissal numbers are gradually increasing from one the 2009/10 financial full years total of 11,116 unfair dismissal applications.

The quarterly reports give significantly a lot more detail on how unfair dismissal circumstances appear to be resolved. Over the past six months, about 80% of these instances were settled at conciliation, 16% finalised before conciliation with other just 1.5% determined to be unfair dismissals by the tribunal. The average wide range of days from the date of these application lodgement and judgement was 167 days in the September quarter and 170 in December.

As lawyers, workers and unions adjust in to the new adverse action laws, far a lot more than It is 1,100 general protections applications under ss365 and 372 were filed over the two quarters. There were 744 general protections circumstances resolved over the six-month period, However the reports do not give any further detail on the outcomes. Protected action ballot applications were down around the 2009/10 12-month total of 981, with 393 PABO applications towards the six month-period.

by: kollas

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