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.
- 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.
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What is unfair dismissal?
Under the Fair Work Act 2009 (Cth), a dismissal is considered unfair when it is harsh, unjust, or unreasonable. 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?
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. 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 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.
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.
The 21-day rule — everything you need to know
You have 21 calendar days from the date your dismissal takes effect to lodge your application. Not business days — calendar days. The Fair Work Commission takes this deadline seriously.
The clock starts on the day your dismissal takes effect — not the day you were told, not when you received a letter. 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. Confirm the 21-day deadline hasn't passed.
Complete Form F2
The unfair dismissal application form, available 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.
Attend conciliation
Most applications go to a conciliation conference first — a confidential, without-prejudice discussion. 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.
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?
The Fair Work Commission can order one of two remedies:
- ·Reinstatement — your job is restored, with continuity of employment and potential back-pay. This is the primary remedy under the Act.
- ·Compensation — capped at the lower of 26 weeks' pay or $87,500 for 2025–26. The actual amount depends on length of service, severity of conduct, and time to find new work.
Forced resignation — constructive dismissal
You don't have to be formally dismissed to make a 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, pay cuts made unilaterally, sustained workplace mistreatment, or being told your position is being made redundant before being offered a clearly inferior role. 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. If your role was made redundant but you weren't properly consulted, or your employer replaced you with someone doing the same work, the redundancy may not be genuine.
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 conciliation resolves the vast majority of claims without a hearing. The only thing that closes the door permanently is missing the 21-day deadline. Act first, then take the time to understand your position properly.
SA has its own nuances worth knowing — including which tribunal handles your claim. Read Unfair dismissal in SA — the 21-day rule most workers don't know →
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