Australia Rights Guide

Unfair Dismissal in Australia: Your Rights and What to Do

Dismissed without a valid reason or fair process? The Fair Work Act 2009 protects most Australian workers. File with the Fair Work Commission within 21 days — free.

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Direct Answer

The Fair Work Act 2009 protects most Australian employees from unfair dismissal. If you have been dismissed without a valid reason or without a fair process, you can file an unfair dismissal application with the Fair Work Commission (FWC) within 21 days of dismissal. The application is free and the FWC will conciliate before any hearing.

What the Law Says

Your Legal Foundation

Fair Work Act 2009 (Cth)

Section 385

“A person has been unfairly dismissed if the FWC is satisfied the dismissal was harsh, unjust, or unreasonable — considering the valid reason, whether the person was notified and given an opportunity to respond.”

Fair Work Act 2009 (Cth)

Section 394

“An application for an unfair dismissal remedy must be made within 21 days after the dismissal takes effect.”

Fair Work Act 2009 (Cth)

Section 390

“Remedies for unfair dismissal include reinstatement or compensation of up to 26 weeks' pay (capped at half the high income threshold).”

What to Do

Step-by-Step Guide

1Act within 21 days. The deadline is strict — 21 days from your dismissal date. Late applications are rarely accepted. File immediately even if negotiations are ongoing.
2Check eligibility. You must have completed the minimum employment period (1 year for small business employers with fewer than 15 staff, 6 months otherwise) and earn below the high income threshold (currently ~$175,000/year) unless covered by an award or enterprise agreement.
3File at fairwork.gov.au/forms (Form F2 — Unfair Dismissal Application). Free. You can also call 13 13 94 for assistance completing the form.
4Conciliation. The FWC will schedule a conciliation conference — usually by phone within a few weeks. Most unfair dismissal cases settle at conciliation without proceeding to a formal hearing.
5If conciliation fails, the matter goes to a formal arbitration hearing before an FWC Commissioner. You can represent yourself or use a union rep (lawyers require FWC permission at this stage).
6Remedies: Reinstatement (you get your job back) or compensation. Compensation is capped at 26 weeks' pay but may not exceed half the annual high income threshold.

What to Say

Exact Words to Use

“"I am writing to confirm I dispute this dismissal as unfair under the Fair Work Act 2009. I am filing an application with the Fair Work Commission and request all documentation relating to my employment and dismissal."”

Tone: Written — to your employer, keep a copy

Common Questions

Frequently Asked Questions

Am I eligible if I am a casual employee?

Yes, if you are a regular and systematic casual employee who has worked for at least 6 months (or 12 months for a small business). Irregular casuals with no firm advance commitment are generally not eligible.

My employer says I was made redundant — can I still claim unfair dismissal?

If the redundancy was genuine (the role truly no longer exists and redeployment was considered), you cannot claim unfair dismissal. However, if your role was filled shortly after or the process was used to target you, the redundancy may not be genuine and you can file.

I earn above the high income threshold — do I have any options?

If you are not covered by a Modern Award or Enterprise Agreement, unfair dismissal is not available. However, you may have a general protections claim (if dismissed for exercising a workplace right) or a common law wrongful dismissal claim — consult a lawyer.

What is the general protections claim and how is it different?

General protections (Section 340 Fair Work Act) cover dismissal for reasons like taking leave, union membership, making a complaint, or exercising a workplace right. There is no minimum employment period, no income cap, and the deadline is 21 days. Compensation is uncapped.

Get Help Now

Resources & Helplines

Fair Work Commission (FWC)
fairwork.gov.au / 1300 799 675
File unfair dismissal applications here. Free.
Fair Work Ombudsman (FWO)
fairwork.gov.au / 13 13 94
Advice on entitlements and workplace rights.
Your Union
australianunions.org.au
Union members can get free representation at the FWC.
Community Legal Centres
clcs.org.au
Free legal advice for employment matters.

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