Legal Project Management Plan & Checklist
Use this plan when your client (the employer) has received a Form F2 unfair dismissal application from a former employee. The employer has only 7 calendar days to file the Form F3 response - open this plan immediately on receipt of the application. This plan covers the full defence process from Form F3 filing through conciliation and, if necessary, a contested hearing. It has one fork: Small Business Employer (for employers with fewer than 15 employees who may have additional defences under the Small Business Fair Dismissal Code).
Australia - federal jurisdiction. Applications are heard by the Fair Work Commission (FWC). The governing legislation is the Fair Work Act 2009 (Cth) as amended by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and (Closing Loopholes No. 2) Act 2024.
The process starts with an immediate jurisdictional audit - assessing whether the employee completed the minimum employment period (6 months for most employers, 12 months for small businesses), whether they earned above the high-income threshold without award or agreement coverage, whether the dismissal was a genuine redundancy (with redeployment properly assessed), and whether the Small Business Fair Dismissal Code applies. The Form F3 employer response is filed within 7 calendar days. If jurisdictional objections exist, a Form F4 objection is filed. The FWC schedules a conciliation conference - approximately 78% of matters settle at this stage with a median settlement of \,704. If unresolved, the matter proceeds to a formal hearing where the employer must demonstrate the dismissal was not harsh, unjust, or unreasonable, or that a jurisdictional bar applies. Compensation exposure is capped at \,550 (26 weeks' pay or half the high-income threshold, whichever is lower).
Use this fork when the employer is a small business as defined under the Fair Work Act - that is, an employer with fewer than 15 employees (including the dismissed employee and regular and systematic casuals, but excluding non-systematic casuals) at the time of dismissal. Small business employers have two significant advantages: employees cannot bring an unfair dismissal claim unless they have completed a 12-month qualifying period, and compliance with the Small Business Fair Dismissal Code is a complete defence to an unfair dismissal claim.
Key legislation: Fair Work Act 2009 (Cth) - s 394 (application and response timelines, Form F3 due within 7 days), s 382 (minimum employment period eligibility - 6 months or 12 months for small business), s 386 (when a person is not protected - genuine redundancy, Small Business Code compliance), s 387 (criteria for assessing whether dismissal is unfair - including valid reason, procedural fairness, and opportunity to respond), s 392 (compensation formula, cap at 26 weeks or half high-income threshold), s 399A (costs against employer for unreasonable conduct). Current thresholds from 1 July 2025: high-income threshold \,100/year; compensation cap \,550. Key cases: Genuine Redundancy [2025] HCA (employer must proactively assess redeployment, including adjusting workforce structures); TWU v Qantas Airways [2023] HCA 27 (\ penalty for adverse action to prevent exercise of future workplace rights); Pinawin v Domingo [2012] FWAFB 1359 (Small Business Fair Dismissal Code - reasonable grounds test at time of dismissal).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Unfair Dismissal (Respondent) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify dates of service, calculate response deadlines, and audit the applicant's eligibility.
Verify dates of service, calculate response deadlines, and audit the applicant's eligibility.
Represent the employer at FWC Conciliation and attempt to settle or secure release of claims.
Compile employer evidence bundles and advocate at the FWC hearing.
Compile employer evidence bundles and advocate at the FWC hearing.
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