Being Cross-Examined in a Fair Work Case: How to Conduct Yourself and Protect Your Case

For many workers, the most intimidating part of a Fair Work Commission case is not the paperwork or the hearings—it is being cross-examined. Sitting in a room (or on a screen) while an employer’s representative questions your version of events can feel confronting, stressful, and deeply personal.

Cross-examination is not a conversation. It is a testing process. Its purpose is to challenge your evidence, probe for inconsistencies, and sometimes to pressure you into conceding points that weaken your case. Understanding how to conduct yourself during cross-examination can make a critical difference to how your evidence is received.

At MYUNION, we support workers through this process and want members to be prepared, calm, and confident.

Understand the Purpose of Cross-Examination

The employer’s representative is not there to be fair or friendly. Their role is to advance their client’s interests. This may include:

• Putting propositions to you that you strongly disagree with

• Suggesting your memory is faulty or your account is exaggerated

• Asking questions designed to elicit short answers that appear damaging when taken out of context

This is not a personal attack, even though it can feel like one. Keeping that perspective is essential.

Listen Carefully and Do Not Rush Your Answers

One of the most common mistakes workers make is answering too quickly.

Take your time. Listen to the entire question. Pause before answering. If you do not understand the question, say so. It is entirely appropriate to ask for the question to be repeated or clarified.

Never guess. Never assume what the questioner is “getting at.” Only answer what is actually asked.

Answer the Question—Nothing More, Nothing Less

Cross-examination rewards discipline.

• Do not volunteer additional information

• Do not try to “fix” the question by adding context unless it is necessary to make your answer accurate

• Do not argue with the questioner

If a question can be answered with “yes,” “no,” or “I don’t recall,” that may be all that is required. Over-explaining often creates opportunities for further attack.

Stay Calm, Even If You Are Provoked

Some questions are designed to frustrate or unsettle you. Others may misstate facts or suggest motives you reject. Your credibility is not measured by how passionately you respond, but by how composed you remain.

Raising your voice, becoming sarcastic, or appearing defensive can undermine the weight of your evidence—even if your underlying account is truthful.

If you feel overwhelmed, take a breath. You are allowed to pause.

Be Honest, Even When the Answer Is Uncomfortable

Credibility is everything.

If you do not remember something, say “I don’t recall.” If a document contradicts your recollection, acknowledge it and explain calmly if appropriate. Do not try to force certainty where it does not exist.

The Fair Work Commission is experienced in assessing evidence. Attempts to embellish or avoid inconvenient facts are usually detected and can seriously damage a case.

Do Not Accept Incorrect Propositions

You are not required to agree with propositions you believe are wrong.

If the questioner puts something to you that is inaccurate, you can say:

• “I do not agree with that”

• “That is not correct”

• “That is not how I recall it”

Say it calmly and clearly. You do not need to justify your disagreement unless asked to do so.

Remember Who You Are Speaking To

Although questions come from the employer’s representative, your evidence is for the Commission Member. Maintain respectful language. Avoid commentary directed at the other party. Address your answers neutrally and professionally.

Your conduct matters as much as your words.

Preparation Is Key

Good cross-examination performance begins well before the hearing:

• Be familiar with your own statements and documents

• Review key dates, events, and correspondence

• Understand the allegations and the employer’s position

Confidence comes from preparation, not bravado.

You Are Not Alone

Cross-examination can feel like a personal ordeal, particularly for workers who have already experienced unfair dismissal, bullying, or adverse action. Feeling anxious does not mean you are weak—it means you are human.

At MYUNION, we believe workers deserve support, information, and representation when facing powerful employers. Knowing how to conduct yourself during cross-examination helps level the playing field and ensures your voice is heard clearly and fairly.

Stand firm. Stay calm. Tell the truth.

Need help? Call MYUNION today for a FREE consultation.

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