After the case - general protections dismissal

Enforcing an agreement

If you settled the case with your employer, they may have agreed to reinstate you or pay you compensation. You can record this in a written settlement agreement. 

This agreement may be called a 'Settlement Contract' or 'Deed of Release'.

You should read the settlement agreement carefully. Do not sign the agreement unless you understand and agree to it. Once you sign the agreement you will be bound by it.

If your employer doesn’t do what they agreed, it is possible to enforce the agreement. The steps you can take will depend on whether the agreement has been signed or not.​​ 

​You should not file a Notice of Discontinuance (a form that ends your case) with Fair Work Commission (the Commission) or the Federal Circuit and Family Court of Australia until your employer has done what they agreed to do in the settlement agreement (for example, paid you compensation).

For more information, see Enforcing agreements - general protections dismissal.

Enforcing orders made by the Fair Work Commission

If your employer does not follow an order made by the Fair Work Commission (the Commission), you may be able to apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia for orders enforcing the Commission's decision. These Courts can order that compensation be paid to you for any loss you have suffered and fine your employer.

 If your employer does not follow an order made by the Commission and you want to enforce the orders, you must make your application within six years of the breach. If you're not sure how to apply, or whether you're within the time limit, you should get legal advice.

For more information, see Enforcing orders made by the Fair Work Commission.

Enforcing court orders 

If your employer does not follow an order to reinstate you, they may be in contempt of court. It is possible for the Federal Court of Australia or Federal Circuit and Family Court of Australia to punish parties that are in contempt of court.

If the Court has made orders about your employer paying you money and they have not done so, there are things you can do to try and force them to follow the orders. This process is called 'enforcement'.

There are different types of enforcement options, including:

• a writ / warrant for seizure and sale of property
• order for possession of land or delivery of goods
• charging order (e.g. charge over shares or money in a financial institution)
• redirection / attachment / garnishee of debts or earnings / instalment order
• enforcement hearing / oral examination / means of inquiry

To enforce a judgment of the Federal Circuit and Family Court of Australia, you need to:

• apply to the Federal Court of Australia
• take action through the Supreme Court of NSW.

For more information, see Enforcing court orders about general protections dismissal.

Appeal a Fair Work Commission decision

If you are unhappy with the decision of the Fair Work Commission (the Commission), you may be able to apply for (leave) permission to appeal within 21 days of the date of the decision.

If it has been more than 21 days since the decision was made, you may still be able to appeal. However, you will need to ask for an extension of time and explain why you did not file your appeal within the time limit.

You may be able to appeal if you think the Commission made a mistake about the law or about what happened. This is called an 'error of fact'.

Before you appeal, you should get legal advice. If the Commission thinks that your appeal case was clearly weak and you had no chance of winning, it can order you to pay the other party’s legal costs in the appeal case. 

For more information, see Appeal a Commission decision - general protections dismissal.

Appeal a Federal Circuit and Family Court of Australia decision

If you are unhappy with the decision of the court, you may be able to appeal to the Federal Court of Australia within 28 days.

You may be able to appeal a decision if you think the court made a mistake about the law. This is called an 'error of law'.

You can’t appeal if you think the court wrongly decided the facts. This is called an ‘error of fact’.

Before you appeal, you should get legal advice. If your appeal is dismissed, you may be ordered to pay the other party’s legal costs. 

The judge may have made an error of law if they:

• did not follow the law correctly
• made a decision or reached a conclusion that was not supported by any evidence 
• made a decision or reached a conclusion that was contrary to the evidence 
• used irrelevant factors to decide your case.

You can’t appeal if you think the court wrongly decided the facts. This is called an ‘error of fact’.

For more information, see Appeal a court decision about general protections dismissal.