Unfair Dismissal in Queensland
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, you may be able to make an unfair dismissal claim with the Fair Work Commission.
To be eligible, you generally need to have completed 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 must also earn below the high-income threshold (currently $175,000 per year), unless you are covered by an award or enterprise agreement.
Small-business employers can rely on the Small Business Fair Dismissal Code, which allows summary dismissal for serious misconduct and a simpler process for other dismissals.
If the Commission finds your dismissal was unfair, remedies include reinstatement (getting your job back) or compensation of up to 26 weeks' pay.
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
- Act fast — you must lodge your application with the Fair Work Commission within 21 calendar days of your dismissal taking effect.
- Gather evidence: your employment contract, pay slips, any performance reviews, emails, and written warnings.
- Lodge a Form F2 online at fwc.gov.au. There is a small filing fee (currently around $85).
- Attend the conciliation conference — most cases settle at this stage without a hearing.
What should you NOT do?
- Don't miss the 21-day deadline — extensions are granted only in exceptional circumstances.
- Don't sign a release or waiver without getting legal advice first.
- Don't badmouth your former employer online — it can hurt your case.
How Queensland differs from federal law
Most private-sector workers in Queensland bring unfair dismissal claims to the Fair Work Commission under federal law. Queensland state system employees have access to the Queensland Industrial Relations Commission (QIRC).
- State and local government employees can lodge unfair dismissal claims with the QIRC under Chapter 4 of the Industrial Relations Act 2016. The QIRC can order reinstatement or compensation (up to 6 months' pay).
- For national system workers, the standard Fair Work Act requirements apply: minimum 6 months employment (12 months for small businesses), and earnings below the high-income threshold (currently around $175,000).
- Queensland's Anti-Discrimination Act 1991 provides an alternative pathway if a dismissal was motivated by a protected attribute (race, sex, age, disability, religion, political belief, and others). Complaints go to the Queensland Human Rights Commission (QHRC).
- The Human Rights Act 2019 (Qld) — only the second state human rights act in Australia — protects certain rights including the right to a fair hearing, which may support unfair dismissal claims involving public sector employers.
Additional Steps in Queensland
National system workers lodge with the Fair Work Commission within 21 days. State system workers lodge with the QIRC. For discrimination-related dismissals, lodge with the QHRC (qhrc.qld.gov.au or 1300 130 670). Free advice from Queensland Legal Aid (1300 651 188).
Relevant Law: Fair Work Act 2009 (Cth), Part 3-2; Industrial Relations Act 2016 (Qld), Ch 4; Anti-Discrimination Act 1991 (Qld); Human Rights Act 2019 (Qld)
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?
Act fast — you must lodge your application with the Fair Work Commission within 21 calendar days of your dismissal taking effect.Gather evidence: your employment contract, pay slips, any performance reviews, emails, and written warnings.Lodge a Form F2 online at fwc.gov.au. There is a small filing fee (currently around $85).Attend the conciliation conference — most cases settle at this stage without a hearing.
What mistakes should I avoid with unfair dismissal?
Don't miss the 21-day deadline — extensions are granted only in exceptional circumstances.Don't sign a release or waiver without getting legal advice first.Don't badmouth your former employer online — it can hurt your case.
Unfair Dismissal in other states
Same topic, different jurisdiction. Pick the one that applies to you.