Employment Law
Unfair Dismissal in Australia: Your Rights and How to Make a Claim
Last updated: June 2026
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
- Lodge Form F2 online at fwc.gov.au (fee: $88.90, waivable for hardship)
- Your employer responds
- Most cases go to conciliation — a confidential phone/video conference. Around 75% of cases resolve here.
- 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 — strictly applied
- Most cases settle at conciliation
- Reinstatement or up to 26 weeks' compensation are the available remedies