A Small Claims Guide has been launched by the Fair Work Ombudsman to provide a detailed overview of what happens when an employee takes a small claims action to court to recover entitlements of up to $20,000.

The Small Claims Guide covers the procedural rules that apply to matters such as who can make a claim, time limits on making claims, fees that apply, where and how to file a claim in court, and serving the respondent.

It includes tips on completing court forms, filing evidence, what to expect on the day of the hearing and tips for employers on answering a small claims application as well as a series of short educative videos.

Fair Work Ombudsman, Natalie James, says the resources have been provided both to assist workers seeking to recover entitlements and for employers who need to respond to claims filed against them.

“The guide will help to ensure workplace disputes are settled quickly and fairly in the small claims process with minimum expense to the parties involved,” she said.

“Having this guide available means we are now able to point workers and employers to an extremely helpful and thorough resource they can use to navigate their way through the process.”

When deciding whether to refer an employee to the small claims process, the Fair Work Ombudsman considers a range of factors.

These include the amount and types of entitlements involved, how serious the allegations are, the availability of evidence (including written records), the employee’s capability to follow the process and how long ago the employment ended.

James says the small claims process is quicker, cheaper, and more informal than regular court proceedings.

“Small claims matters are usually resolved with only one hearing and the simple process means there is generally no need for lawyers,” she said.

“Unlike formal litigation cases, small claims matters are run in an informal manner, as the court is not bound by any rules of evidence or procedure in hearing them.”

The level of assistance provided by the Fair Work Ombudsman is considered on a case by case basis.

“We may, for example give greater help to a person with low literacy skills or from a non-English speaking background,” she said.

During 2013–14, the Fair Work Ombudsman assisted with 200 small claims applications by employees.