Responding to an Unfair Dismissal Claim

You’ve just been advised that an ex-employee has lodged an Unfair Dismissal claim with the Fair Work Commission. You’ve received a copy of their F2 Unfair Dismissal Application and an F3 Employers Response Form to complete.  

What should you do?

1. Keep Calm

You may be feeling anything from outrage through to complete astonishment right now, but it’s important to put those emotions aside and keep a clear head. Read the forms carefully, gather the information you need, and clear some time in your day to give the response the full attention it needs to be able to state your case. 

2. Check whether you have Grounds to Object

Sometimes employees aren’t actually eligible to claim Unfair Dismissal.  For example, a person whose employment ended because of a genuine redundancy will not be eligible to make an application.  If you think you have grounds to object, indicate this on your F3.

3. Be Factual and Concise

While you might feel like expressing your frustrations, it won’t do your submission any favours.  Stick to the facts using numbered paragraphs as the form says.  This is not the time to be writing ‘War and Peace’. Provide clear and succinct reasons for the dismissal and why your process was fair.  

4. Include evidence 

Attach copies of warnings and letters as evidence of procedural fairness.

5. Provide Accurate and Complete Details

This is a legal process, so ensure every detail on the form is accurate and complete.  Read the questions carefully and follow the instructions to the letter.  If a section is not relevant, write that in the box.  Don’t skip anything!

6. Lodge and serve the response within 7 days

That’s calendar days, not business days.  Employers must return the completed F3 to the Commission and send a copy to the applicant within the 7 day timeframe.  

The Unfair Dismissal process is designed for parties to be able to represent themselves.  Nevertheless, it doesn’t hurt to get some assistance to help you prepare, especially if you’re unsure or feeling emotional about the matter.