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What counts as unfair dismissal

A dismissal is "unfair" under the Fair Work Act when it was harsh, unjust or unreasonable. The Fair Work Commission looks at whether there was a valid reason for the dismissal — one related to your conduct or your capacity to do the job — whether you were told about that reason and given a real chance to respond, and whether you were warned about any performance problems before being let go.

Being sacked for a genuine reason isn't automatically fair, and being sacked for a poor reason isn't automatically unfair — it's the whole picture that matters, including whether the process was fair and whether the outcome fit the situation. You can also be unfairly dismissed even if you "resigned", where you were effectively forced out. That's known as constructive dismissal.

It isn't always obvious which side of the line your situation sits on — and that's exactly the kind of thing a quick, free call can clarify before you do anything else. Talk it through with a lawyer now →

Can you actually claim?

Not everyone is covered, so this is worth getting right. To make an unfair dismissal claim you generally must:

• be an employee, not an independent contractor;
• have completed the minimum employment period — 6 months, or 12 months if your employer is a small business with fewer than 15 employees; and
• either be covered by a modern award or an enterprise agreement, or — if you're not — earn less than the high income threshold ($183,100 from 1 July 2025).

Casual employees usually can't claim unless they worked on a regular and systematic basis with a reasonable expectation of ongoing employment. And if your role was made genuinely redundant, that's dealt with separately (more on that below). The important thing: a lot of people wrongly assume they're not eligible. If there's any doubt, don't rule yourself out — a two-minute call will tell you. Talk it through with a lawyer now →

The 21-day deadline is everything

This is the single most important point on this page. You have 21 days from the day your dismissal takes effect to lodge your application with the Fair Work Commission, and the cut-off is 11:59pm on the 21st day. Miss it and — in all but exceptional cases — you lose the right to claim at all.

The Commission can only extend that time in limited circumstances, and extensions are not easy to get. Every day genuinely counts, so the worst thing you can do is sit on it and "think about it" for a week. If you're anywhere near the deadline, call now and we'll help you move quickly. Talk it through with a lawyer now →

What you can get if you win

There are two main remedies. The Commission's preferred outcome is reinstatement — getting your job back, sometimes with an order to make up lost pay. Where returning to work isn't practical, it can order compensation instead.

Compensation is for lost earnings only. It's capped at the lesser of six months' pay or half the high income threshold — $91,550 for dismissals from 1 July 2025. Importantly, there is no separate payout for hurt, humiliation or distress in an unfair dismissal claim. Many matters also resolve with a negotiated settlement and an agreed statement of service.

Knowing what your claim is realistically worth before you walk into conciliation is a real advantage — it's the difference between accepting the first offer and getting a fair one. Talk it through with a lawyer now →

Mistakes that sink good claims

• Letting the 21 days slip past — by far the most common and most expensive mistake.
• Assuming you can't claim — because you resigned, were casual, or were told it was a "redundancy" — when in fact you can.
• Walking into conciliation without knowing what the claim is worth, and accepting a lowball offer to make it go away.
• Firing off angry emails or messages to your employer that end up undercutting your own case.
• Confusing unfair dismissal with a general protections claim — they have different rules, deadlines and payouts (see below). Talk it through with a lawyer now →

Unfair dismissal vs general protections — which one?

These two get mixed up constantly, and choosing the wrong path can cost you dearly. An unfair dismissal claim asks whether the dismissal was harsh, unjust or unreasonable. A general protections claim is different — it's about being dismissed (or treated badly) for a prohibited reason, such as exercising a workplace right, making a complaint or enquiry, taking sick or carer's leave, or because of your sex, race, age, disability, pregnancy or union activity.

General protections claims involving dismissal also have a 21-day deadline, but the test is different and there is no cap on compensation. In some situations one path is far stronger than the other. Working out which one fits your circumstances is one of the first things to pin down — and one of the first things we'll help you with on the call. Talk it through with a lawyer now →

How Legal Hotline helps — right now

Losing your job is stressful, and the clock is already ticking. Legal Hotline is a free service you can call any time, day or night. In a single call we'll help you work out whether you've likely been unfairly dismissed, whether you're still in time, and which type of claim fits your situation.

If you need a lawyer, we'll connect you with an experienced employment lawyer who can act for you — anywhere in Australia, usually within the hour. There's no cost to call and no obligation. If you've been sacked and something doesn't sit right, the smartest first step is simply to pick up the phone. Talk it through with a lawyer now →

How a claim works, step by step

Lodge your application (Form F2)You — or your lawyer — file an unfair dismissal application with the Fair Work Commission within the 21-day limit. It can be done online, and the modest lodgement fee can be waived if money is tight.

Your employer respondsThe employer is notified and files a response (Form F3), setting out their side of the story and whether they raise any objections to the claim going ahead.

ConciliationUsually about five weeks in, an independent conciliator helps both sides try to resolve the matter — generally by phone or online. It's voluntary and informal, and around 3 in 4 cases settle here without a hearing.

Hearing or determinationIf it doesn't settle, a Commission member decides the case at a formal hearing or conference and can order reinstatement or compensation.

Unfair Dismissal — your questions answered

How long do I have to make an unfair dismissal claim?

21 days from the day your dismissal takes effect, ending at 11:59pm on the 21st day. The Fair Work Commission only extends that time in exceptional circumstances, so don't wait — call as soon as you can.

I was made redundant — can I still claim unfair dismissal?

Possibly. A genuine redundancy can't be challenged as unfair dismissal — but it's only "genuine" if the job is truly no longer needed, the employer followed any consultation requirements, and you couldn't reasonably have been redeployed elsewhere in the business. If those boxes aren't ticked, it may not be a genuine redundancy, and it's worth a quick check.

I resigned — is that still unfair dismissal?

It can be. If you were effectively forced to resign — for example, because of the way you were being treated — that's called constructive dismissal and may be treated as a dismissal. Get advice before assuming you have no claim.

Who can't make an unfair dismissal claim?

Generally: independent contractors, employees who haven't met the minimum period (6 months, or 12 months in a small business), most casuals (unless regular and systematic with an expectation of ongoing work), and award- and agreement-free employees earning over $183,100. That said, the exceptions catch people out — check before you rule yourself out.

How much compensation can I get?

Compensation is for lost pay only and is capped at the lesser of six months' wages or $91,550 (for dismissals from 1 July 2025). There's no payout for distress or hurt feelings in an unfair dismissal claim. The Commission can also order your job back instead of compensation.

Do I need a lawyer for the Fair Work Commission?

You're not required to have one, but most people are up against an employer with HR or lawyers on their side, and conciliation is where most cases are won or lost. Someone who knows the system — and what your claim is worth — makes a real difference. Calling the hotline costs nothing and is the fastest way to get that help.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand where you stand — no cost, no obligation.

Unfair Dismissal

Unfair Dismissal at a glance

What counts as unfair dismissal

Can you actually claim?

The 21-day deadline is everything

What you can get if you win

Mistakes that sink good claims

Unfair dismissal vs general protections — which one?

How Legal Hotline helps — right now

How a claim works, step by step

Unfair Dismissal — your questions answered

Not sure where you stand? Find out in minutes.

Unfair Dismissal

Unfair Dismissal at a glance

What counts as unfair dismissal

Can you actually claim?

The 21-day deadline is everything

What you can get if you win

Mistakes that sink good claims

Unfair dismissal vs general protections — which one?

How Legal Hotline helps — right now

How a claim works, step by step

Unfair Dismissal — your questions answered

Not sure where you stand? Find out in minutes.

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