The vast majority of applications for unfair dismissals are
discontinued.
Generally, this means that employers and employees have
reached agreement so that a formal decision or order of the Fair Work
Commission is not required.
Where negotiation does not result in resolution, any order
for reinstatement or the payment of compensation made by the Commission can
have further consequences for an employer if it is not obeyed.
If you are an employer and ordered to pay $2,200 as
compensation for a dismissal found to be unfair, you would be required to pay
it even if you needed time to do so and even if you disagreed with the
decision.
You would not put yourself in a position where the Fair Work
Ombudsman successfully applied to the Federal Circuit Court for $47,000 worth
of penalties because your failure to pay $2,200 was a breach of section 405 of
the Fair Work Act 2009 (Cth).
This has happened and is a cautionary reminder to employers.
