Unfair dismissal in Australia: eligibility, deadline and what to do
You generally have 21 days from the day your dismissal took effect to lodge an unfair dismissal claim with the Fair Work Commission. To be eligible you usually need six months’ service, or 12 months with a small business of fewer than 15 employees. If you aren’t covered by an award or agreement, you must earn under the high income threshold of $190,100 (from 1 July 2026).
What counts as unfair dismissal?
Under the Fair Work Act, a dismissal is unfair when the Fair Work Commission finds it was harsh, unjust or unreasonable, it wasn’t a genuine redundancy, and (for small business employers) the employer didn’t follow the Small Business Fair Dismissal Code.
The Commission looks at things like whether there was a valid reason related to your conduct or capacity, whether you were told the reason and given a chance to respond, whether you could bring a support person, and whether you were warned about poor performance first.
How long do you have to lodge a claim?
21 days from the date the dismissal took effect. That’s calendar days, not business days. The Commission can accept a late application only in exceptional circumstances, so don’t wait for your final pay or a reference before lodging.
Unfair dismissal applications are made to the Fair Work Commission on Form F2. You can lodge online.
Are you eligible to claim unfair dismissal?
- Minimum employment period: at least 6 months with the employer, or 12 months if the business has fewer than 15 employees. Regular and systematic casuals count toward the headcount.
- Casual employees: casual service counts only if it was regular and systematic and you reasonably expected it to continue.
- High income threshold: from 1 July 2026 it is $190,100 a year (up from $183,100). It only matters if you aren’t covered by a modern award or enterprise agreement. Award or agreement covered employees can claim whatever they earn.
- National system employee: most private sector workers are covered. Some state public servants, and some employees of WA sole traders and partnerships, fall under state systems instead.
The compensation cap also moved on 1 July 2026, to $95,050 for claims lodged from that date, or half your annual pay if that’s lower. This is general information, not legal advice, and the Commission decides eligibility case by case.
Unfair dismissal or general protections: which applies?
A general protections claim is about why you were dismissed. It applies if you were sacked because you exercised a workplace right, such as making a complaint about pay, taking sick leave, being in a union, or because of a protected attribute like age, race, pregnancy or disability.
- There is no minimum employment period and no income threshold.
- The deadline is also 21 days from the dismissal.
- Applications go to the Commission on Form F8, which runs a conference to try to settle it. If that fails, it can go to court.
You generally can’t run both claims for the same dismissal, so if you’re not sure which fits, get advice before you lodge.
What should you gather before lodging?
- Your contract, letter of offer and any award or enterprise agreement that covers you
- The termination letter or message, and the exact date it took effect
- Payslips showing your earnings
- Any warnings, performance reviews or meeting notes
- Emails and texts about the dismissal or the events leading up to it
- A short timeline written while it’s fresh, with names of anyone who was there
- Your best estimate of how many people the business employs
If you weren’t given reasons, ask for them in writing. Keep the request polite and short.
What happens after you lodge?
The Commission sends your application to the employer, who responds. Most matters then go to a conciliation conference, an informal, confidential discussion that settles many claims. If it doesn’t settle, the case can go to a hearing or conference before a Commission member, who can order reinstatement or, more often, compensation up to the cap.
Free help is available from the Fair Work Ombudsman, legal aid, community legal centres and your union. If you’d like help sorting out which claim fits your situation before the deadline, you can ask an expert in a $1 chat (priced in USD) at helpbyexperts.com.
Frequently Asked Questions
Is the 21-day unfair dismissal deadline business days?
No, it is 21 calendar days from when the dismissal took effect. Late claims are only accepted in exceptional circumstances.
Can I claim unfair dismissal if I was on probation?
Probation itself doesn’t decide it. What matters is whether you served the minimum employment period of 6 months, or 12 months with a small business.
What is the high income threshold for 2026?
From 1 July 2026 it is $190,100. It only limits claims by employees who aren’t covered by an award or enterprise agreement.
Can I claim if I resigned?
Usually not, unless you were forced to resign by your employer’s conduct. That is treated as a dismissal, but you have to show it.
Does unfair dismissal apply to redundancy?
Not if it was a genuine redundancy. A redundancy can be challenged if the job wasn’t really gone, consultation obligations weren’t met, or you could reasonably have been redeployed.
Sources
More guides for Australia: see all Australian guides.