What is a hearing?
A hearing is where the Tribunal hears and determines the substance of the issues in dispute. Hearings are more formal than conciliation conferences. In addition, the process may involve a visit by the Tribunal to the workplace for an inspection.
Interlocutory or preliminary hearings
There may be issues that have to be determined by the Tribunal before the merits or substance of an application can be dealt with. These preliminary (or interlocutory) matters may relate to an issue with the applicant’s claim that needs to be resolved before the rest of the matter can proceed, such as an application for production of documents or whether the Tribunal has jurisdiction to deal with the application.
There may be one or more interlocutory hearings before the substantive hearing, to deal with preliminary or procedural issues.
A directions hearing is similar to a preliminary hearing. It is where the Tribunal will set out how the matter will progress. This can include setting out a timeline for when things ought to occur, such as the production of documents, or when things are to be filed with the Tribunal , such as outlines of submissions or witness statements.
A substantive hearing is where the Tribunal hears and determines the substance or merits of the issues in dispute and makes a decision.
For more information please read the Commission’s hearing fact sheet by clicking here.
For information on evidence, please read the Commission’s evidence fact sheet by clicking here.
For information on representation and representing yourself, please read the Commission’s representation fact sheet by clicking here.
The outcomes available at a hearing will depend on the application made. For example, in certain matters, compensation may be ordered by the Tribunal.