Case Study: Unfair Dismissal - FWC and Employee Rights

This case study examines a scenario of unfair dismissal at Stanford Analytics Pty Ltd. The case explores the legal avenues available to the employee, Thanh, under the Fair Work Commission (FWC). The assignment highlights two primary options: pursuing remedies through the FWC, which may include reinstatement, compensation, and a written statement of service, or opting for conciliation to reach a settlement. The conciliation process involves private discussions facilitated by a Commission Conciliator to resolve the issue, potentially resulting in outcomes such as retrospective continuity, reinstatement, compensation, and a non-disparagement agreement. If conciliation fails, the case proceeds to a hearing before a Commission member. The assignment emphasizes the importance of filing a complaint with the FWC within 21 days of the dismissal to protect the employee's rights and seek appropriate compensation, including any bonuses. The assignment also cites the Fair Work Commission and a journal article by Provis & Hagglund (2005) as reference materials.

Running Head: Case Study 1
Legal Case Study
Student Name
Student Credentials

Case Study 2
Case Study
Thanh here is a victim of Unfair Dismissal by Stanford Analytics Pty Ltd. Unfair Dismissal in Australia is
taken care of by a governing body known as Fair Work Commission; it is Australia’s National Workplace
Relations Tribunal, also known as FWC.
Here Thanh has two options:
1. Opting for remedies that are available to FWC (FW Act, 2009),
 Getting Reinstated
 Compensation (up to 26 week’s pay)
 Written statement of service
2. Opting for Conciliation, where a Commission Conciliator holds private and cost-efficient
discussions till both parties reach a settlement. These settlements might involve:
 Retrospective continuity (as if there was not dismissal)
 Reinstatement
 Compensation
 Statement of service
 Apology
 Non-disparagement agreement
 Payment of owned entitlements1 (Provis & Hagglund, 2005).
If there is no satisfactory outcome from conciliation, case proceeds to the hearing before a Commission
member and they resolve the issue considering all pieces of evidence and information provided2 (Fair
Work Commission).
Thanh here can claim the job back as well as compensation for the distress and the bonuses Thanh was
eligible for by filing for a complaint with FWC against the StanfordA as soon as possible as within 21 days
of unfair dismissal a complaint shall be filed with FWC. Offer from StanfordA is nothing but pennies and
Thanh should fight for rights as an employee being treated unfairly.
1 George Hagglund, Chris Provis, ‘The Conciliation Step of the Unfair Dismissal Process in South Australia’. [2005],
29(4) Labour Studies Journal,65-86.
2 Fair Work Commission. Remedies, results & outcomes. [2019], Fair Work Commission:
https://www.fwc.gov.au/termination-of-employment/unfair-dismissal/remedies

Case Study 3
Bibliography
Journal Article
Provis, C., & Hagglund, G. (2005). The Conciliation Step of the Unfair Dismissal Process in South
Australia. Labour Studies Journal , 65-86.
Website (Others)
Fair Work Commission. (n.d.). Remedies, results & outcomes. Retrieved September 25, 2019, from Fair
Work Commission: https://www.fwc.gov.au/termination-of-employment/unfair-dismissal/remedies