Employment

Unfair dismissal in Australia — what to do and when

If you've been dismissed and believe it was harsh, unjust, or unreasonable — you may have a claim. But the deadline is strict and the clock starts the day you're dismissed.

⚠ 21-day deadline Australia-wide Fair Work Act 2009 Updated May 2026

Time-sensitive

You have 21 calendar days from the date your dismissal takes effect to lodge an unfair dismissal application with the Fair Work Commission. This deadline is strictly enforced. Extensions are only granted in exceptional circumstances. If you're unsure whether your situation qualifies — read this first, then act.

The short answer

Unfair dismissal is when your employer ends your employment in a way that is harsh, unjust, or unreasonable under the Fair Work Act 2009.
You must lodge your application with the Fair Work Commission within 21 calendar days of your dismissal taking effect.
To be eligible you must have completed the minimum employment period — 6 months, or 12 months if your employer has fewer than 15 staff.
If your claim succeeds, you can receive reinstatement or compensation of up to 26 weeks' pay, capped at $87,500 for 2025–26.
Most claims resolve at conciliation — a free, confidential process — without ever reaching a formal hearing.

What is unfair dismissal?

Under the Fair Work Act 2009 (Cth), a dismissal is considered unfair when it is harsh, unjust, or unreasonable. These three words carry specific legal weight — and your employer only needs to fail on one of them for a claim to succeed.

A dismissal can be harsh even if it was technically lawful. A dismissal can be unjust even if your employer followed their own process. A dismissal can be unreasonable even if there was a genuine performance concern. The Fair Work Commission assesses all three independently.

May be unfair

Dismissed without prior warnings or performance reviews
No opportunity given to respond to allegations
Dismissed for a reason that wasn't your fault
Process was rushed, inconsistent, or poorly documented
Outcome disproportionate to the conduct alleged

Generally not unfair

Genuine redundancy where your role no longer exists
Serious misconduct — theft, assault, fraud
Still within your minimum employment period
You resigned — unless it was a forced resignation
Casual employment with no firm advance commitment

Are you eligible to make a claim?

Not everyone can apply for unfair dismissal. Before lodging, check each of these:

Minimum employment period met — 6 months for employers with 15 or more staff; 12 months for small businesses with fewer than 15 staff. Time on probation counts toward this period.

You were dismissed — you were let go by your employer, or were forced to resign (constructive dismissal). Voluntary resignation without pressure doesn't qualify.

Income threshold — you earn below $183,100 per year (2025–26), or you are covered by a modern award or enterprise agreement regardless of income.

National system employee — most private sector employees in Australia are covered by the Fair Work Act. However, state and local government employees in Western Australia, New South Wales, and Queensland may fall under their respective state industrial relations systems rather than the FWC. SA public sector employees have separate protections under the Public Sector Act 2009. If you work for a state government agency, check which system applies to you before lodging with the FWC.

Not a genuine redundancy — if your role was genuinely made redundant and your employer followed proper consultation obligations, an unfair dismissal claim generally won't succeed — but a general protections claim might.

Not sure if you qualify?

The Fair Work Commission has a free eligibility checker at fwc.gov.au. It takes five minutes and tells you whether you can apply before you commit to lodging a formal application.

The 21-day rule — everything you need to know

The single most important thing to understand about unfair dismissal is the deadline. You have 21 calendar days from the date your dismissal takes effect to lodge your application. Not business days — calendar days. Weekends and public holidays are counted.

The Fair Work Commission takes this deadline seriously. If you miss it, you must apply for an extension and explain why — and extensions are only granted in exceptional circumstances. Illness, family pressures, and not knowing about the deadline are generally not accepted as reasons.

Calendar days to lodge your application

$83.30

Application fee 2025–26 (indexed annually)

$87,500

Maximum compensation cap 2025–26

The clock starts on the day your dismissal takes effect — not the day you were told, not when you received a letter, not when you handed back your equipment. If you were told on Monday that Friday is your last day, the 21 days starts on Friday.

How to lodge an unfair dismissal application

Check your eligibility — use the Fair Work Commission eligibility checker at fwc.gov.au before lodging. Confirm the 21-day deadline hasn't passed.
Complete Form F2 — this is the unfair dismissal application form. Available online at fwc.gov.au. You'll need your employer's details, the date of dismissal, and a brief description of why you believe it was unfair.
Pay the application fee — $83.30 for 2025–26. Fee waivers are available if you hold a Health Care Card or are in genuine financial hardship.
Lodge online, by post, or in person — the Fair Work Commission has offices in Adelaide, Melbourne, Sydney, Brisbane, and Perth. Online lodgement is fastest.
Your employer is notified — the Commission serves a copy of your application on your employer. They have an opportunity to respond.
Attend conciliation — most applications go to a conciliation conference first. This is a confidential, without-prejudice discussion facilitated by a Commission staff member. Around 80% of unfair dismissal matters resolve at this stage.
If unresolved — proceed to a hearing — if conciliation doesn't resolve the matter, it proceeds to a formal hearing before a Commissioner, where evidence is presented and a decision is made.

Do you need a lawyer?

You don't need a lawyer to lodge or attend conciliation. Many people represent themselves successfully. If the matter proceeds to a formal hearing, legal representation becomes more valuable. The Legal Services Commission of South Australia offers a free initial consultation — call 1300 366 424.

What can you get if your claim succeeds?

If the Fair Work Commission finds your dismissal was unfair, it can order one of two remedies:

Reinstatement — your job is restored, with continuity of employment. The Commission can also order back-pay for lost wages during the period you were dismissed. Reinstatement is the primary remedy under the Act.
Compensation — if reinstatement isn't appropriate (broken trust, role no longer exists), the Commission can order compensation. This is capped at the lower of 26 weeks' pay or $87,500 for 2025–26. The actual amount depends on the circumstances of your case.

The Commission considers factors like your length of service, the severity of the employer's conduct, whether you contributed to the dismissal, and how long it took you to find new work when calculating compensation.

Forced resignation — constructive dismissal

You don't have to be formally dismissed to make an unfair dismissal claim. If your employer made your working conditions so intolerable that you had no reasonable choice but to resign, this can be treated as a dismissal under the Fair Work Act — known as constructive dismissal.

Examples include being demoted without reason, having your pay cut unilaterally, being subjected to sustained workplace mistreatment, or being told your position is being made redundant before being offered a clearly inferior role. The test is whether a reasonable person in your position would have felt they had no real choice but to leave.

If you resigned under these circumstances, the 21-day deadline still applies from the date your resignation took effect.

What if it was a genuine redundancy?

A genuine redundancy is not unfair dismissal under the Fair Work Act. However, a redundancy is only genuine if your employer no longer required the role to be performed by anyone, and they followed any applicable consultation obligations under an award or enterprise agreement.

If your role was made redundant but you weren't properly consulted, or your employer replaced you with someone else doing the same work, the redundancy may not be genuine — and you may have an unfair dismissal claim. You may also have a separate claim for unpaid redundancy entitlements under the National Employment Standards.

The bottom line

If you've been dismissed and something felt wrong — trust that instinct enough to check. The Fair Work Commission process is designed to be accessible without a lawyer, and the conciliation step resolves the vast majority of claims without ever reaching a hearing.

The only thing that closes the door permanently is missing the 21-day deadline. Everything else can be worked through. Act first, then take the time to understand your position properly.