Unfair Dismissal in Australia: Your Rights and How to Make a Claim

What Is Unfair Dismissal?

Under the Fair Work Act 2009, a dismissal is unfair if the Fair Work Commission finds it was:

• Harsh: the penalty was excessive given the circumstances
• Unjust: you were not actually guilty of the conduct alleged
• Unreasonable: the decision was not a reasonable response to the situation

Eligibility Requirements

1. Minimum employment period: 6 months for employers with 15+ employees, 12 months for small business (under 15 employees).

2. High income threshold: You must earn below the threshold (currently $175,000/year) unless covered by an award or enterprise agreement.

3. Not a genuine redundancy: If your position was genuinely made redundant with proper consultation, unfair dismissal does not apply.

The 21-Day Deadline

You must lodge your application with the Fair Work Commission within 21 days of the dismissal taking effect. This deadline is strictly enforced.

How the Process Works

1. Lodge Form F2 online at fwc.gov.au (fee: $88.90, waivable for hardship)
2. Your employer responds
3. Most cases go to conciliation: a confidential phone/video conference. Around 75% of cases resolve here.
4. If unresolved, the matter proceeds to a formal hearing before a Commissioner

What You Can Get

• Reinstatement: your job back with back pay (preferred remedy under the Act)
• Compensation: up to 26 weeks' pay, capped at half the high income threshold

Key Points

• Minimum employment period: 6 months (12 months for small business)
• Lodge within 21 days (deadlines are strictly enforced)
• Most cases settle at conciliation
• Reinstatement or up to 26 weeks' compensation are the available remedies