How to fill in an Unfair dismissal application

Hello. My name is Melanie Thorley and I’m the principal of MJT Law a Brisbane based employment law firm. This tutorial is to help you fill in the form F2 Unfair Dismissal Application. You will fill in this for if you’re an employee covered by the National Unfair Dismissal Laws and are eligible to make the application and believe that you have been unfairly dismissed. You must load your Form F2 Application within twenty-one calendar days of being dismissed and can log the form by post, fax, email or in person. To be successful in making an unfair dismissal claim, you’ll need to show that you’ve been dismissed and the dismissal was harsh, unjust, or unreasonable.

We’re going to scroll down to the main part of the form now and this is the part where you as the applicant will fill in your details. I’m going to fill in my own details with my firm’s postal address, phone number, fax number, and email address, just to help you along.

The next part of the form is where you fill in the details about whether you need an interpreter. This is when you have any special language requirements. I’m just going to put no. Also, it asks if I need any special assistance at the conference. I’m also going to tick no.

The next part is when you have a representative and you will see that it’s asking whether you have a lawyer, union, or family member who is going to speak on your behalf. I’m going to put yes here and fill in my details below and at this point you can put the union information in, or your family member or your lawyer’s details. If you don’t have one of those people, then you just tick no and leave the next form. I’m just going to fill in my details quickly here

the next part of the form is where you fill in the respondent’s details. That’s your previous employer or the person that dismissed you. I’m just going to fill in some details of a fabricated legal name of a business, and do other details.

The next section is about your employment. They’ll ask you what date you began working for your employer. This is the date, normally your first day of work or the first day of your induction. I’m just going to fabricate a date and pop it in here.

The next date is when you were notified of your dismissal. This is generally at the time when you go in and have the meeting about your dismissal. I’m going again pop a date in here.

The next one is the date your dismissal took effect. Normally this is the same date as the date that you were notified of your dismissal, but if it’s different, you must put the date that your dismissal took effect in this section here. Again, I’m going to put the same date as above.

The next section is asking you if you’ve made your application within twenty-one days of the dismissal taking effect. I’m going to put yes in here. If you put no, then in the section here, you’re going to need to provide an explanation as to why you haven’t provided the unfair dismissal form F2 within the time frame required.

The next section is asking you whether you’ve made any other claim to the commission or any other organization regarding this dismissal. I’m going to put no here.

This part of the form you’re going to need to provide what sort of agreement you are seeking. You are seeking reinstatement, this is where you put it. If you just want compensation, then this is where you put it. I’m going to say that I’m looking for reinstatement and compensation between the times in which I was dismissed and the time that I was reinstated. I’m also going to ask if reinstatement is not appropriate thing to ask for a compensation.

This part asks for the reasons for the dismissal if any given by your employer. Normally you would have this information in your letter of dismissal. I’m just going to type something in.

In this part is where you get to say why the dismissal was unfair. Again I’m going to use the reasons above to provide reasons why I think the dismissal was unfair. Again, I’m going to fabricate something.

In this part it just talks about disclosure and it’s stating that they’re going to provide the details to the other parties. You need to tick the consent box and then you need to sign it. Put your name in and date it. I’m going to pop my detail in here but if you had a solicitor, you’d put solicitor in the capacity or position section.

That’s the form completed. Payment details are the next part of the form, but you don’t need to hand that part of the form in to the commission. All you need to do is go to the top where the beginning of the form is, scroll down to the form F2 section, and print that out. This is it here. Just those pages alone will be enough. Thank you for watching. If you have any questions, please contact us and you will find us on www.mjtlaw.com.au. Thank you.