When it comes to resolving matters, there are a few key
differences between conciliation, conferences and hearings.
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Conciliation is private and each side may bring a support person or representative.
Formal conferences are mostly private and usually a representative or support person can attend. Paid agents and lawyers need permission to appear.
Hearings are open to the public and usually anyone can attend. Paid agents and lawyers need permission to appear.
Conciliation is usually held online. You can join on your mobile phone, tablet or computer.
Formal conferences may be held online or face-to-face at the Commission, with both sides sitting at the same table. Witnesses for each side will be sworn in, to give evidence online or in person.
Hearings may be held online, or face-to-face in a hearing room. People sit in specific positions. Witnesses for each side are sworn in, to give evidence online or from the witness box in person.
Conciliation is less formal than a conference or hearing. The conciliator guides a discussion.
Conferences are more formal than conciliation. The Member will lead the discussion and ask more questions.
Hearings are formal, like going to a court.
The outcome of conciliation is open to negotiation. Both sides of the dispute decide the outcome. Outcomes are private and not published.
In a formal conference, the Member decides the outcome of the dispute. If a dismissal is found to be unfair, outcomes are limited to compensation or reinstatement. Written decisions are published on the Commission’s website.
In a hearing, the Member decides the outcome of the dispute. If a dismissal is found to be unfair, outcomes are limited to compensation or reinstatement. Written decisions are published on the Commission’s website.
A conciliation generally takes around 90 minutes.
A formal conference can take a few hours to several days, depending on the number of witnesses and other matters.
A hearing can take a few hours to several days, depending on the number of witnesses and other matters.
Formal evidence is not required during a conciliation.
Evidence is required during a formal conference. This may include submissions, witness statements, and other forms of evidence to help prove a case.
Evidence is required during a hearing. This may include submissions, witness statements, and other forms of evidence to help prove a case.