This website applies only to residents and the law of New South Wales, Australia.

4. THE NSW SYSTEM (continued)

4.6 Conciliation

Once you have lodged an application, the IRC must try to assist the parties to settle the matter by conciliation. Your claim will be listed before a member of the commission for a conciliation conference, sometimes called a preliminary hearing. The IRC Registry will advise you on the time, date and location of the conciliation conference.

Conciliation is an informal process designed to help you and your employer come to an agreement, without having to go through a formal hearing in the commission.

The process of conciliation varies depending on the individual commissioner. You will usually be given the opportunity to present your side of the story about your dismissal, as will your employer. The commissioner may try to clarify the facts and help each of you reach an agreement. Some commissioners conduct the whole conciliation proceeding on the record (which means the proceedings are taped) whereas others may conduct a 'round the table' discussion, off the record, or a combination of the two. Some commissioners talk to the parties separately to explore the prospects of reaching a settlement, whereas others send the parties out to negotiate between themselves. If the matter doesn't settle it may be listed for further conciliation.

Employees often attend a conciliation without being represented. You may be represented by your union or a lawyer if you want someone to speak on your behalf. The IRC will need to grant you leave (give permission) to be represented by a lawyer.

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