Employers can use the Acas templates for disciplinary appeal letters. You should tell your employer as soon as possible who you want to be your companion so they can make the arrangements in good time. Under discrimination law, employers must make reasonable adjustments for disabled employees. This might mean allowing someone else to attend, for example a support worker or someone with knowledge of the disability and its effects.
Employers can, but do not have to, allow companions who do not fall within the above categories. For example, some employment contracts might allow for a professional support body, partner, spouse or legal representative. The appeal hearing is the chance for you to state your case and ask your employer to look at a different outcome. After hearing your appeal, your employer or the person they have assigned might decide they need to carry out further investigation steps.
If so, they would need to follow the steps in the investigation stage. The person carrying out the appeal investigation should then make a written, confidential report. Your employer should show you this report. If the extra investigation steps find new or more serious information about you, your employer should not increase the original disciplinary outcome, unless your disciplinary policy allows this. It is important to note that in the case of appeals against unfair dismissal and general protection arbitration decisions there are additional requirements in relation to permission to appeal.
For more information see When permission is granted below. If permission to appeal is granted, the Appeal Bench may do any of the following in relation to the appeal:. You can apply to appeal a decision or order if you were a party in the case, and if the decision or order was made:. If lodging a notice after the 21 days, you must also apply for an extension of time. This can be done on the same form Form F7.
You need to complete all parts of the form, including those about requesting an extension of time if relevant and seeking to stay stop the operation of the decision or order in whole or in part that you are applying to appeal. The completed form can then be lodged by email or fax sent to one of our Commission offices. You must also lodge an electronic copy of your appeal book see below for more information within 7 days of lodging the appeal.
You also need to serve a copy of the Form F7 and the appeal book on the other parties to your proceedings. The parties are those individuals and organisations directly involved in the case.
Information about serving copies of documents appears in the Fair Work Commission Rules Practice note — Appeal proceedings lodging a notice of appeal. A date will be fixed for the hearing of the appeal. You and the other parties will be directed to file and serve outlines of submissions that will be presented at the hearing of the appeal, on or before particular dates before the hearing. The below information provides a general indication of the relevant timeframes, though these may differ case to case:.
If the application included a request to stay stop all or part of a decision or order, a stay order hearing will be listed within 7 days of when the appeal was lodged. This feedback form is for issues with the nidirect website only. You can use it to report a problem or suggest an improvement to a webpage.
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What to do next For queries or advice about criminal record checks, email ani accessni. You might get some compensation if the tribunal rules in your favour. Any compensation will usually be based on your weekly pay. The tribunal will look at whether your employer acted reasonably under the law.
For example, if your employer dismissed you for being aggressive, the tribunal will look to see if the decision to dismiss you was reasonable - not whether you were aggressive.
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