Unfair Dismissal Australia 2025: What to Do If You're Fired

Time Is Critical: If you believe you've been unfairly dismissed, you have only 21 days from the date of dismissal to lodge a claim with the Fair Work Commission. Don't wait - this deadline is strictly enforced.

What Is Unfair Dismissal?

A dismissal is unfair if the Fair Work Commission determines that:

The dismissal was harsh, unjust, or unreasonable
It was NOT a genuine redundancy
It was NOT consistent with the Small Business Fair Dismissal Code (for small businesses)

Are You Protected?

Not everyone is covered by unfair dismissal protections. You must meet certain eligibility criteria.

Requirement	Details
Minimum employment period	6 months (or 12 months if small business with fewer than 15 employees)
Income threshold (2024-25)	Earning below $175,000 annual salary, OR covered by an award/enterprise agreement
Type of worker	Employee (not genuine contractor)
Not excluded	Not on probation for a new job, not a genuine fixed-term contract ending

Casual Employees: Casuals can claim unfair dismissal if they worked regular and systematic hours with a reasonable expectation of ongoing work.

What Makes a Dismissal Unfair?

The Fair Work Commission considers several factors when determining if a dismissal was harsh, unjust, or unreasonable:

Potentially Unfair:

No valid reason for dismissal
Not told the real reason for dismissal
No opportunity to respond to allegations
No prior warning for performance issues
Denied a support person in meetings
Punishment doesn't fit the alleged misconduct
Inconsistent treatment vs other employees

Generally Fair:

Genuine redundancy
Serious misconduct (theft, fraud, violence)
Performance issues with documented warnings
Proper process followed
Opportunity to respond given
Valid business reason

The 21-Day Time Limit

Critical Deadline:

You have 21 calendar days from the date your dismissal took effect
This includes weekends and public holidays
Late applications are rarely accepted
Exceptional circumstances may extend this (serious illness, lawyer error)
Being unaware of your rights is NOT an exceptional circumstance

How to Lodge a Claim

Step-by-Step Process:

1. Check eligibility: Review the criteria above
2. Complete Form F2: Unfair Dismissal Application (online or paper)
3. Pay the filing fee: $87.20 (2024-25) - fee waiver available if you can't afford it
4. Lodge online: Through the Fair Work Commission website
5. Serve your employer: Send a copy to your former employer
6. Await response: Employer has 7 days to respond

What Happens Next?

Stage	What Happens	Timeframe
1. Lodgement	Application submitted, fee paid	Within 21 days of dismissal
2. Employer Response	Employer submits their response form	7 days after lodgement
3. Conciliation	Informal meeting to resolve the matter	Usually within 2-4 weeks
4. Conference/Hearing	If not resolved, formal hearing	If conciliation fails
5. Decision	Commission makes a binding decision	After hearing

Conciliation

Most unfair dismissal claims are resolved at conciliation, an informal telephone conference with a Fair Work Commission conciliator.

What to Expect:

Conciliator is neutral - not on either side
Usually conducted by telephone
Private and confidential discussions
You can have a support person or representative
Aim is to reach a settlement agreement
About 75% of claims settle at conciliation

Possible Outcomes

Reinstatement

Get your job back
Continuity of employment maintained
Back pay for lost wages
Ordered if "appropriate"
Less common in practice

Compensation

Maximum: 26 weeks' pay
2024-25 cap: $91,900
Minus income from new job
Based on what is "fair"
Most common outcome

What Evidence to Gather

Document Everything:

Termination letter or email
Employment contract
Performance reviews
Warning letters (if any)
Emails and messages about your performance or dismissal
Witness contact details
Your payslips (to calculate lost wages)
Timeline of events leading to dismissal
Company policies relevant to your dismissal

General Protections Claims

If you're not eligible for unfair dismissal (e.g., still in probation), you may have a "general protections" claim if you were dismissed for:

Exercising a workplace right (e.g., taking sick leave)
Making a complaint or inquiry
Your race, sex, age, disability, religion, or other protected attribute
Being pregnant or taking parental leave
Union membership or activity
Political opinion

Time limit: Also 21 days, but damages are not capped.

Do You Need a Lawyer?

You May Not Need One If:

Straightforward dismissal circumstances
You're comfortable self-representing
Claim is likely to settle at conciliation
You can access free union representation

Consider a Lawyer If:

Complex legal issues involved
Employer has legal representation
Large potential compensation
Case likely to go to hearing
You want maximum outcome

Costs

Filing fee: $87.20 (can be waived for financial hardship)
Legal costs: Each party pays their own costs (no "loser pays")
Cost orders: Rare, only if party acted unreasonably
Free help: Union members, community legal centres

What NOT to Do

Don't wait: The 21-day deadline is firm
Don't sign anything without understanding it fully
Don't badmouth your employer on social media
Don't exaggerate or lie: Credibility matters
Don't delete evidence: Keep all communications
Don't refuse new work: This reduces your compensation

Getting Help

Resources:

Fair Work Commission: 1300 799 675 (general enquiries)
Fair Work Ombudsman: 13 13 94 (for underpayment issues)
Your union: If you're a member, they can represent you
Community legal centres: Free legal advice (clcs.org.au)
Employment lawyers: Many offer free initial consultations

Key Takeaways

You have 21 days from dismissal to lodge a claim - act fast
You need 6 months service (12 months for small business) to be protected
The dismissal must be harsh, unjust, or unreasonable
Most claims settle at conciliation without going to hearing
Maximum compensation is 26 weeks' pay (capped at $91,900)
Gather all evidence immediately - emails, letters, witnesses
If not eligible for unfair dismissal, consider general protections claim

Last updated: January 2025. This is general information only. For legal advice specific to your situation, consult an employment lawyer or contact Fair Work.

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