Is it possible to add different complaints after Fair Work conciliation, in addition to the initial complaint for the Fair Work/Federal court submission?
Let's say the initial complaint was quite solid and quite convincing. However, during conciliation there were issues that were highlighted that speaks to the mind or the decision making processes of the employer, that the employee already has evidence for, is it possible for the employee to add those new complaints to the written application for the Fair Work/Federal court submission as conciliation failed? I realise that evidence and material from the conciliation can not be used in the court, but if the employee already have access to that evidence to support additional solid arguments to speak to the decision making process of the employer, can those arguments and complaints be added to the court application after the application?
I couldn't see any court decisions or arguments that speak to this issue for some reason. Probably means that it is not possible.
Let's say the initial complaint was quite solid and quite convincing. However, during conciliation there were issues that were highlighted that speaks to the mind or the decision making processes of the employer, that the employee already has evidence for, is it possible for the employee to add those new complaints to the written application for the Fair Work/Federal court submission as conciliation failed? I realise that evidence and material from the conciliation can not be used in the court, but if the employee already have access to that evidence to support additional solid arguments to speak to the decision making process of the employer, can those arguments and complaints be added to the court application after the application?
I couldn't see any court decisions or arguments that speak to this issue for some reason. Probably means that it is not possible.