Frequently asked questions about our Dispute Assistance service

Get answers to some common questions we get asked about our Dispute Assistance service.

On this page:

Can I remain anonymous?

No. Dispute Assistance requires both sides to be open and willing to discuss the issues. If you want to report an issue to us anonymously, you can send us an anonymous tip-off.

Do I have to speak with the other party?

We encourage parties to continue communicating because engagement is often the fastest, simplest and most effective way to resolve your dispute. If you have concerns about direct contact with the other party, please tell the officer when they call you.

What information is shared with the other party?

The officer assigned to your workplace dispute will share information with the other party that is relevant to resolving the dispute. This includes:

  • your name
  • what the dispute is about
  • your desired outcome
  • your response to any proposed resolution.

To enable the officer to best assist you, it’s important that you are open and honest with them and provide factual, relevant information.

Do I need a lawyer?

No, this is an informal process. You don’t need legal representation.

Can I have a support person?

If you would like to have a support person involved (such as a parent, family member or friend), please discuss this with the officer when they contact you.

How long does the process take?

Timeframes vary because our service is tailored to each dispute. Most parties using our process resolve their dispute within 2 to 4 weeks.

What if I don’t want to use the service?

If you no longer want our assistance with your dispute, please let the assigned officer know when they contact you. We will respect your decision and won’t have further involvement in your dispute.

Can the other party refuse to participate?

Yes. Our service is voluntary. We can’t force you or any other party to participate or come to an agreement. If this happens, we’ll provide you with information about other ways to resolve your dispute.

We’ll keep a record of the issue you’ve raised and the other party’s response. This information may inform future compliance activities.

Do I have to accept a proposed resolution?

No. We encourage you to consider all serious offers but it’s your choice whether you agree to a proposed resolution.

What happens if you agree to resolve the dispute?

If you come to an agreement with the other party, we will make a note of the agreed actions for our records.

The parties are responsible for carrying out the actions they’ve agreed to. We don’t set, review or monitor the terms of the agreement between the parties.

Do I need to sign anything?

The other party may ask you to sign a deed of release or a similar document as part of the agreement to resolve your dispute. These types of legal documents formalise and set out in writing what is agreed upon between the parties.

Doing this can help to prevent the dispute arising again or future problems after the completing the Dispute Assistance process. It’s your choice whether you do this.

You may wish to seek independent legal advice about the document before signing it. For more information on where to get legal advice, visit Legal help. 

Please note we are not party to any deed or agreement between the parties and aren’t bound by their terms.

What happens if the dispute isn’t resolved?

If you can’t resolve your dispute, we’ll provide information about other ways for you to resolve your dispute, such as making your own application to a small claims court. We won’t have further involvement in your dispute.

Are you investigating my claims?

No. Our Dispute Assistance service is different to an investigation. The parties decide on the issues that are relevant to their dispute and how they will be resolved. We reserve the right to choose when and how to use our investigative powers as outlined in our Compliance and enforcement policy Compliance and enforcement policy.

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