Employment law in SA: choose your route and protect the deadline
A dismissal, unpaid wages and a public-sector decision can require different processes. Compare the routes below, record the relevant dates and use the evidence checklist to prepare for advice or a claim.
Key points
- Private-sector workers in SA are generally in the national employment system; SA public-sector and council workers are generally in the state system. Check the legal employer and exceptions.
- Federal unfair-dismissal and general-protections dismissal applications ordinarily have 21 days after dismissal takes effect. State unfair dismissal also has a 21-day period, but different eligibility and extension rules.
- A public-sector review can have a seven-day deadline. Do not treat every workplace decision as a dismissal or apply one 21-day rule to every dispute.
- The FWC dismissal-application fee is $92.70 from 1 July 2026, with a serious-hardship waiver. SA state unfair-dismissal filing is free; legal costs are separate.
- Calling a service, negotiating or waiting for an internal response does not itself file your claim. Multiple dismissal applications can also be restricted.
- Use the employment evidence checklist to record the employer, decision, dates, pay shortfall and help already sought. Free help and an optional private consultation are explained below.
In South Australia, first identify the employer and the kind of employment problem. Federal unfair-dismissal and general-protections dismissal claims ordinarily require an application within 21 days after dismissal takes effect. SA state unfair dismissal also has a 21-day filing period, with different extension rules. Non-dismissal public-sector reviews can have shorter periods, and unpaid wages or discrimination use different routes. Check the applicable process promptly rather than waiting for a lawyer appointment or an employer’s reply.
Checked on 23 October 2026: selected current federal and South Australian employment legislation, SAET rules and guidance, the FWC’s July 2026 fee notice and current free-help services. Sources and limits of this check.
Start with the employer and the problem
Check the legal employer on your contract and payslips, not just the trading name or workplace address. The SA government coverage guide describes the usual federal/state split. Exceptions matter: SAET identifies SA Water as a national-system employer, despite its public ownership. Commonwealth employment is also different from SA government employment.
Scroll the tables sideways to compare all columns.
| Problem | Usual starting point | Important qualification |
|---|---|---|
| Dismissal from national-system employment | Fair Work Commission (FWC): unfair dismissal or general protections, depending on the issue. | A harsh outcome and a dismissal for a prohibited reason are different claims. Eligibility and multiple-claim restrictions matter. |
| Dismissal from SA state-system employment | SA Employment Tribunal (SAET) unfair-dismissal guidance. | The Fair Work Act 1994 (SA) has its own eligibility and relief rules; do not import the federal tests wholesale. |
| A non-dismissal SA public-sector decision | Agency review procedures and SAET public-sector review guidance. | Only eligible employees and reviewable decisions qualify. Internal review is usually required, with exceptions such as direct merit-selection review. |
| Unpaid wages or final entitlements | Check the award/agreement, classification and calculation. FWO can give information; SAET also handles specified money claims. | SAET can hear some federal claims too. A national-system wage claim does not automatically belong in the FWC. |
| Discrimination, harassment or bullying | Check Equal Opportunity SA and the appropriate employment or workplace-safety route. | Complaint, safety, stop-bullying and dismissal remedies have different tests and deadlines. A work injury may need separate advice. |
If you are an employer, use the actual application or decision and its response directions. The filing periods below are not a universal timetable for responding to a claim. Seek advice about your own obligations.
Compare the deadline before choosing a form
Record the date notice was given, when employment actually ended, when a decision was communicated and any existing certificate or case deadline. The dismissal letter date and the effective dismissal date are not necessarily the same.
The principal federal rules are in Fair Work Act sections 366, 370 and 394; the state dismissal rule is in section 106 of the SA Act. If you may be late, seek advice promptly about the relevant extension power.
Scroll the tables sideways to compare all columns.
| Application or step | Ordinary time rule | What may change the position |
|---|---|---|
| Federal unfair dismissal or general protections involving dismissal | Within 21 days after dismissal takes effect. | FWC can extend for exceptional circumstances, applying the relevant statutory factors. Other adverse action does not automatically have this dismissal deadline. |
| SA state unfair dismissal | Before the end of 21 days from when dismissal takes effect. | Different state extension rules apply. Do not assume that the federal exceptional-circumstances test is the whole state rule. |
| Eligible non-dismissal public-sector review | Some merit-selection and procedural reviews have seven days; other review steps commonly have 21 days. | The decision, notification and internal/external stage matter. Check the agency procedure and current regulations immediately. |
| Federal general-protections dismissal after an unresolved-dispute certificate | Ordinarily 14 days after the FWC certificate to start court proceedings. | The court can allow more time; interim-injunction proceedings have a statutory exception. FWC arbitration needs the parties’ agreement and further conditions. |
| Federal unpaid-entitlement recovery | Generally six years after the contravention; each unpaid amount may have its own date. | It is not six years from leaving the job, or a universal limit for all employment claims. Underpayment orders have a corresponding six-year look-back restriction. |
| SA Equal Opportunity Act complaint | Ordinarily within 12 months of the act, or last act in a series. | The Commissioner can extend where there is good reason and doing so is just and equitable. Do not assume a late complaint is accepted. |
Under SAET Rule 8, covered state unfair-dismissal proceedings have an automatic extension to enable conciliation, subject to the rule’s exclusions and a contrary Presidential order. This does not guarantee a late claim can proceed to a merits decision. Public Sector Act reviews are excluded from that rule. Contact SAET promptly if late; do not deliberately delay.
Check eligibility, the reason and the remedy
National unfair-dismissal protection ordinarily requires six months’ employment, or twelve months with a small-business employer. The period is measured to the earlier of notice of dismissal or immediately before dismissal. A small business has fewer than 15 employees under statutory counting rules, including relevant regular casuals and associated entities; it is not a full-time-only count.
You must also be covered by a modern award, have an enterprise agreement applying, or have earnings below the high-income threshold. The threshold is $190,100 for dismissals on or after 1 July 2026. Earning above it does not automatically exclude an award-covered employee. Casual service can count if the statutory regular-service and reasonable-expectation conditions are met. State eligibility differs and needs its own check.
For federal unfair dismissal, FWC considers whether the dismissal was harsh, unjust or unreasonable. A dismissal consistent with the applicable Small Business Fair Dismissal Code, or a genuine redundancy, is excluded. A resignation forced by the employer’s conduct may count as dismissal, but not every pressured or unhappy resignation qualifies.
Federal genuine redundancy requires the job no longer to be needed because of operational changes, compliance with applicable consultation obligations and no reasonable redeployment within the employer or an associated entity. A replacement hire is relevant evidence, not an automatic decision in your favour.
General protections concerns a prohibited reason or contravention, such as action because of an applicable workplace right. It is not simply another name for unfair dismissal. The FWC ordinarily attempts resolution first; an unresolved dismissal dispute does not automatically move to FWC arbitration.
Sections 725–733 restrict multiple federal dismissal applications and complaints, and state section 106 also restricts simultaneous dismissal applications. Get advice on the route before filing several claims. A proposed separation deed can affect your rights: check the wording and release before agreeing, without letting a filing deadline pass.
Compare filing costs and possible outcomes
A filing fee is different from lawyer costs or compensation. An available remedy is not a predicted payment. The federal unfair-dismissal compensation ceiling does not set the rules for every state or discrimination claim.
Scroll the tables sideways to compare all columns.
| Route | Filing cost or remedy | Limit to keep in mind |
|---|---|---|
| FWC unfair dismissal / general-protections dismissal | $92.70 application fee from 1 July 2026. | A serious-hardship waiver may be available. Representation, further proceedings and other costs are separate. |
| SA state unfair dismissal | No filing fee under section 106(4). | State re-employment and compensation rules apply. Free filing does not guarantee free representation or remove all costs risk. |
| Federal unfair-dismissal compensation | Discretionary; reinstatement is considered first. The ceiling is the lower of the statutory 26-week remuneration amount and $95,050 for dismissals on or after 1 July 2026. | The maximum is not a likely award. Statutory factors and reductions apply; compensation does not include shock, distress or humiliation. |
| Specified SAET money claims | No filing fee for the state section 9 / section 10(1)(b) and federal section 545 claims described in SAET’s guide. | The legal basis affects costs and procedure. Do not assume all SAET proceedings are free or that FWO will recover every debt. |
| Equal Opportunity SA complaint | No fee to make the initial complaint. | Assessment and attempted resolution do not guarantee a remedy. Later tribunal proceedings and advice have separate considerations. |
A lawyer is not compulsory simply to lodge an FWC claim. Representation in proceedings can require permission, with exceptions. Parties usually bear their own FWC costs, but unreasonable conduct and other statutory grounds can produce costs orders.
Underpaid or missing final pay? Build a dated calculation
Identify the award or agreement, classification, ordinary and overtime hours, allowances, leave and payments actually received. List each shortfall separately with its due date. The SAET money-claim guide explains why the correct legal employer name and an itemised claim matter.
Keep lawful copies of your contract, payslips, rosters, timesheets, bank payment records and relevant messages. Federal law requires employers to retain prescribed employee records for seven years; leaving the job does not remove that duty. Do not take confidential customer, colleague or business material without authority.
Notice and redundancy pay need a separate entitlement check. The federal notice rules in sections 117 and 123 contain service thresholds and exclusions, including casual employment and serious misconduct. Awards, agreements, contracts and the applicable employment system can affect the answer. A redundancy payment does not by itself establish that the dismissal was a genuine redundancy.
An entitlement calculation, a wage-recovery claim and a challenge to dismissal can require different action. Do not let a pay discussion run past a separate dismissal deadline. Ask what has actually been filed, and keep the acknowledgment.
Discrimination and bullying need the right process
The SA discrimination complaint process starts with the Commissioner for Equal Opportunity, who assesses whether the complaint falls within the Act and may attempt conciliation. Under section 95B, specified employment discrimination and relevant worker harassment or victimisation complaints must go to SAET when referred; mixed complaints have a separate discretion. SACAT is not the universal employment-discrimination forum.
The federal stop-bullying jurisdiction requires repeated unreasonable behaviour at work in a constitutionally covered business that creates a health and safety risk. A stop-bullying order also requires an ongoing risk. Reasonable management action carried out reasonably is excluded, and FWC cannot order monetary compensation in that jurisdiction.
The SafeWork SA reporting route covers workplace safety concerns, including psychosocial hazards. Internal reporting may help where appropriate; contact SafeWork if those steps fail or are inappropriate. Sexual harassment can be a single incident. A safety report, an employment claim and a discrimination complaint are different processes, so get advice about overlap and deadlines.
Save this employment evidence checklist
- Identify the employer: legal name and ABN, role, start date, employment status, award or agreement and employer size if known.
- Record the decision: complete dismissal or decision letter, date communicated, effective end date, last shift, notice and final payslip. Keep any internal-review outcome or tribunal certificate.
- Prepare a short chronology: relevant complaints, responses, meetings and witnesses. Keep lawful supporting records and distinguish what you saw from what someone told you.
- For pay, list each entitlement, hours, rate, amount paid, shortfall and due date. Gather the contract, rosters, timesheets and payslips rather than relying only on a total estimate.
- List what has already happened: any application, case number, acknowledgment, offer or deed, forthcoming deadline and desired outcome. Confirm the correct filing step without waiting beyond its deadline for an appointment.
This checklist helps prepare for advice or an application; it does not lodge a claim, prove liability or stop time running. Use the official service’s or lawyer’s agreed channel for sensitive records.
Optional initial private consultation — AUD$295
A lawyer may help identify the correct route, check a deadline, assess a dismissal or pay issue, or explain a proposed deed. Bring the employer details, chronology and evidence checklist. Confirm whether document review, drafting, filing or representation requires a separate engagement.
Legal Hotline is not a law firm. The optional AUD$295 including GST booking and arrangement fee pays Legal Hotline for its platform service. Eligible bookings include an initial consultation with an independent Australian lawyer at no further lawyer charge. Ongoing work and fees are agreed separately with the lawyer.
Suitability, acceptance, conflicts and availability apply. Booking does not lodge a claim or stop a deadline. The free 1800 951 176 line is available 24/7 for AI-generated general information, not individual advice from a lawyer. Do not rely on an AI response to choose or calculate your filing deadline.
Official help and free legal information
Free information, advice and representation have different eligibility and availability rules. Tell the service your deadline immediately. Asking for help is separate from lodging an application.
Legal Services Commission SA
1300 366 424, weekdays 9am–4:30pm excluding public holidays. Free general advice includes employment problems for employees; it is not an employer-advice or guaranteed litigation service.
Working Women’s Centre SA
(08) 8410 6499 or 1800 652 697. Free help for eligible vulnerable workers; eligibility is broader than women alone. Current capacity mainly prioritises dismissal, redundancy, sexual harassment and discrimination. Intake is not an immediate advice appointment.
FWC Workplace Advice Service
Eligible employees and small-business employers may obtain free advice if an appointment is available. Check eligibility; union members can ask their union. Do not wait beyond a filing deadline.
Fair Work Ombudsman
13 13 94. Information about workplace entitlements and help with workplace problems. Assistance does not guarantee representation or recovery of every unpaid amount.
SAET registry
(08) 8177 3500, weekdays 8:30am–5pm excluding public holidays. Procedural information about the correct process; registry staff do not advise on whether your claim will succeed.
SafeWork SA
1300 365 255, weekdays 9am–5pm excluding public holidays, for workplace safety concerns. This is a safety-regulator route, separate from a dismissal application or private legal advice.
Common questions about SA employment law
Do I have 21 days for every employment claim in South Australia?
No. The ordinary 21-day rule applies to identified dismissal claims, including federal unfair dismissal and general protections involving dismissal, and SA state unfair dismissal. The extension rules differ. Non-dismissal public-sector reviews can have seven-day periods, while wages and discrimination use other rules. Identify the employer, decision and effective date promptly.
Should an SA government employee apply to the FWC or SAET?
SA public-sector and council employment is generally in the state system, but there are exceptions. Check the legal employer and the particular claim. Dismissal and eligible non-dismissal Public Sector Act reviews are different processes. SAET can also hear specified federal monetary claims, so the employer alone does not answer every forum question.
What if I have already missed the dismissal deadline?
Act promptly and check the applicable extension power. Federal unfair-dismissal and general-protections dismissal extensions require exceptional circumstances. SAET Rule 8 provides an automatic extension to enable conciliation for covered state unfair-dismissal proceedings, subject to exclusions and a contrary Presidential order; it does not guarantee a merits hearing and excludes Public Sector Act reviews.
Can a casual employee challenge dismissal?
Possibly. In the national system, qualifying regular casual service with the required reasonable expectation of continuing work can count, alongside the other eligibility tests. State-system casual eligibility has separate conditions. Casual status alone does not decide whether every dismissal, discrimination or workplace-rights remedy is unavailable.
Can I recover unpaid wages after leaving the job?
Potentially. Identify the entitlement, employer and each unpaid amount. Federal civil recovery ordinarily has a six-year limit from the contravention, with a corresponding restriction on underpayment orders; it does not universally run from departure. Federal employers must keep prescribed employee records for seven years. Check the correct recovery route and preserve lawful evidence.
Can I get free help before paying for a lawyer?
Yes. Legal Services Commission SA provides free employee employment advice, and Working Women’s Centre SA and the FWC Workplace Advice Service assist eligible people subject to capacity. Your union may help. Legal Hotline’s optional AUD$295 including GST arrangement service includes an initial independent-lawyer consultation at no further lawyer charge; later work is separate. The free phone line provides AI information, and no booking or enquiry protects a filing deadline.
Sources and update record
Checked 23 October 2026 against selected current federal and SA provisions, SAET Rules 2024 and official guidance. The federal fee, threshold and cap are from the FWC notice effective 1 July 2026. This is a practical route guide, not an exhaustive opinion on every employer, award, review right or remedy. Where summaries simplify extension or referral rules, the legislation and current rules control. Individual facts and actual notices matter.
- Fair Work Act 2009 — current federal legislation
- Fair Work Regulations 2009 — fees and hardship waiver
- Fair Work Act 1994 — South Australia
- Fair Work (General) Regulations 2024 — state eligibility
- Public Sector Act 2009 — review framework
- Public Sector Regulations 2025 — eligible reviews and periods
- Equal Opportunity Act 1984 — complaints and referrals
- SA government — employer obligations and coverage
- SAET — unfair dismissal
- SAET — rules and conferring legislation
- SAET — public-sector decisions
- SAET — monetary claims
- FWC — 2026–27 fees, threshold and cap
- SA government — discrimination complaints
- Legal Services Commission — free advice
- Legal Services Commission — current contact hours
- Working Women’s Centre — services and eligibility
- Working Women’s Centre — current contact and capacity
- FWC — Workplace Advice Service
- Fair Work Ombudsman — contact
- SAET — registry contact
- SafeWork SA — workplace concerns
- Legal Hotline — Australian booking
- Legal Hotline — lawyer arrangements
- Legal Hotline — customer terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.