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Appeal against an employment claims order made by a registrar
When to appeal
A party who is dissatisfied with an order made by the registrar at a case management conference (CMC) may file an appeal within 7 days after the date on which the order was made.
Note
If you missed a court session and an order was made in your absence, you must apply to set aside the order instead of filing an appeal.
Key facts
If you are filing the appeal, you are the appellant.
The other party is the respondent.
Refer to the following to find out how to file an appeal against an order made by a registrar.
When to file | Within 7 days after the date on which the order was made. |
Filing fee | $100 |
How to file | Through the Community Justice and Tribunals System (CJTS). |
Tip
All applications must be filed through CJTS. If you need access to computers, visit the Business Centre at the State Courts, Level 2 during operating hours.
What you will need
You should prepare the following (where applicable) before you file:
- Your claim number.
- The order number.
- Your grounds (reasons) of appeal.
- A soft copy of supporting documents (if any) in PDF format.
How to file and serve
You will need to follow these steps to file and serve an appeal against an order made by a registrar.
Step | Result |
|---|---|
| 1. File your appeal
| Your appeal against an order made by a registrar is filed in CJTS. |
| 2. Serve documents on the respondent
| The respondent is notified of your appeal. |
When: within 7 days after the date on which the order was made.
Log in to CJTS. Under the Online Applications tab, select Appeal Against Order of Registrar and follow the instructions to fill in the required information.
For detailed instructions, refer to the CJTS user guide for filing employment disputes (PDF, 4784 KB)
Serve a copy of the following documents to the respondent within 7 days of the date of filing the appeal:
- The Notice of Appeal.
- The Notice of Hearing.
When: within 7 days of the date of filing of the appeal.
You may serve the documents on the respondent through one of the following ways:
Service method | What it is |
|---|---|
Personal Delivery | Delivering hard copies of the documents personally to the respondent. |
Registered post | (if to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them. |
Others | Delivering the documents by any means (including fax or email) as directed by the Employment Claims Tribunals (ECT). |
After you file
You and the respondent will have to attend court on the scheduled date and time mentioned in the Notice of Hearing. This is when a tribunal magistrate will decide whether to allow or dismiss your appeal.
If your appeal is dismissed, the order made by the registrar stands.
Note
You must attend your appeal hearing. If you are absent, the ECT may dismiss your application.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Refer to the Guide to Employment Claims (PDF, 226 KB).
Legislation associated with this topic includes:
Refer to Paragraph 142 of the State Courts Practice Directions for employment claims.
Go to Step-by-step guide
Step-by-step guide
2021/07/23
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