If you have been unfairly dismissed from your employment, your first step should always be lodging a claim with the Fair Work Commission. Once your claim is lodged, there are many ways you can try to resolve the dispute, including conciliation.
Conciliation is an informal and private conversation between you and your employer in the presence of a conciliator, with the goal of reaching a settlement. Conciliation is an attractive option to most because it helps to settle disputes and is less expensive than going to court.
What happens during conciliation?Conciliation can take up to 90 minutes, and the parties are allowed to reach any agreement that suits them.
Generally, the following will happen at a conciliation hearing:
- A conciliator calls each party and introduces himself / herself once all parties are present.
- Each side will briefly explain their version of events.
- The conciliator will talk to each party separately. In this private conversation, they will discuss possible avenues to resolve the dispute.
- The conciliator will notify each party of the other's offers and counter offers, and an agreement may be reached.
How should I prepare for my conciliation?There are a few key steps you can take before attending a conciliation to ensure you are well-placed to achieve an outcome that's right for you.
- Key issues: Before the meeting, write down the key issues of the dispute that you want to raise.
- Your goal: Think about what you want to achieve. Remember that the goal is to reach a mutual agreement, so being flexible is important.
- Stay focused: Focus on the issues to be resolved, not the emotions.
- Response document: Make sure you read over a copy of the response document that was filed by the other person in the matter.
- Your documents: Ensure you have a pen and all relevant documents, such as your contract of employment and pay slips.
Shine Lawyers can helpEmployment law disputes are daunting for many. Our role at Shine Lawyers is to provide simple and expert guidance to help our clients achieve the outcome they deserve, no matter the dispute at hand.
Through our initial consultation service, our experts will advise you of all your available legal rights, giving you the freedom to choose the pathway that is best suited to your unique circumstances.
Written by Shine Lawyers. Last modified: September 26, 2018.