Unfair Dismissal in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you've been fired and the dismissal was harsh, unjust, or unreasonable, the Fair Work Commission can hear an unfair dismissal claim. The Commission's caseload on this is enormous — it's one of the most actively used remedies in the Act.
Eligibility starts with the minimum employment period:
- 6 months if your employer has 15 or more employees.
- 12 months if your employer is a small business (fewer than 15 employees).
You also need to earn below the high-income threshold (currently $175,000 per year), unless you're covered by an award or enterprise agreement — in which case the threshold doesn't bite.
Small businesses can rely on the Small Business Fair Dismissal Code, which permits summary dismissal for serious misconduct and a more streamlined path otherwise.
If the Commission finds the dismissal unfair, the remedies are reinstatement (the actual job back) or compensation capped at 26 weeks' pay. Reinstatement is rare in practice; compensation is the default.
When does it apply?
- You have been dismissed (fired, contract not renewed, or forced to resign).
- You completed the minimum employment period (6 or 12 months).
- You earn under the high-income threshold or are covered by an award/agreement.
- You are not a genuine casual without a reasonable expectation of ongoing work.
What to Do If You Believe You Were Unfairly Dismissed in Australia
Twenty-one days. That's the entire window.
- Act fast. The application has to land at the Fair Work Commission within 21 calendar days of the dismissal taking effect.
- Gather everything: contract, pay slips, performance reviews, emails, written warnings.
- Lodge Form F2 at fwc.gov.au. The filing fee is small (currently around $85).
- Attend the conciliation conference. Most matters settle there.
What should you NOT do?
- Don't miss the 21-day deadline. Extensions are granted only in genuinely exceptional circumstances.
- Don't sign a release at the door without legal advice.
- Don't badmouth the former employer online. It will surface in conciliation.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does unfair dismissal apply?
You have been dismissed (fired, contract not renewed, or forced to resign).You completed the minimum employment period (6 or 12 months).You earn under the high-income threshold or are covered by an award/agreement.You are not a genuine casual without a reasonable expectation of ongoing work.
What should I do if I think I was unfairly dismissed from my job in Australia?
Twenty-one days. That's the entire window.Act fast. The application has to land at the Fair Work Commission within 21 calendar days of the dismissal taking effect.Gather everything: contract, pay slips, performance reviews, emails, written warnings.Lodge Form F2 at fwc.gov.au. The filing fee is small (currently around $85).Attend the conciliation conference. Most matters settle there.
What mistakes should I avoid with unfair dismissal?
Don't miss the 21-day deadline. Extensions are granted only in genuinely exceptional circumstances.Don't sign a release at the door without legal advice.Don't badmouth the former employer online. It will surface in conciliation.
Unfair Dismissal in other states
Same topic, different jurisdiction. Pick the one that applies to you.