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Quick answer
An eligible employee generally has 21 calendar days after the dismissal takes effect to lodge an unfair-dismissal application. Eligibility depends on the minimum employment period and coverage or income rules. The Commission considers whether the dismissal was harsh, unjust or unreasonable; reinstatement is the primary remedy, with capped compensation available in appropriate cases.
What to do
- Deadline — Calculate 21 calendar days from when dismissal took effect
- Eligibility — Check service, employer size, coverage and income
- Evidence — Preserve the reason, process and your response
- Apply — Lodge in time and prepare for conciliation
Transcript
An unfair-dismissal application generally must reach the Fair Work Commission within twenty-one calendar days after the dismissal takes effect. Extensions are available only in exceptional circumstances. Do not wait for internal review, final pay or settlement discussions before calculating and protecting the deadline.
The usual minimum employment period is six months, or twelve months for a small-business employer. The employee must also be covered by an award or enterprise agreement, have income below the current high-income threshold, or otherwise satisfy the rules. Genuine contractors and some casuals may be excluded.
Relevant issues include a valid reason connected with capacity or conduct, notice of that reason, a real opportunity to respond, unreasonable refusal of a support person, plus the size and human-resources capacity of the employer. Redundancy, performance, misconduct and forced resignation each require careful classification.
Keep the termination letter, contract, policies, warnings, investigation material, roster, payslips and messages. Write a dated account of meetings and responses. The Commission may order reinstatement or compensation in suitable cases, but compensation is capped and does not include a separate amount for hurt feelings.
An employment lawyer can check eligibility, genuine redundancy, general protections and the best application before the deadline. Go To Court can provide free general information and arrange an employment-law consultation where a suitable lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
- Fair Work Commission — Unfair dismissal eligibility and application
- Fair Work Commission — Unfair dismissal process
- Fair Work Commission — High income threshold
- Fair Work Commission — Compensation in unfair dismissal cases
- Fair Work Commission — General protections applications involving dismissal
- Go To Court Lawyers — Urgent legal help
Important
This video provides general information about employment termination and fair work commission claims in Australia. It is not legal advice and does not take account of your circumstances. Laws, procedures, fees and time limits can change, and state or territory rules may apply. Get advice from a qualified lawyer about your situation.