Unfair Dismissal in South 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, 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 South Australia differs from federal law
Unfair dismissal claims for SA workers are heard by the Fair Work Commission under Part 3-2 of the Fair Work Act 2009 (Cth). Since SA referred its industrial relations powers, there is no separate state unfair dismissal jurisdiction.
- Employees must have completed the minimum employment period — 6 months for employers with 15 or more employees, or 12 months for small business employers (fewer than 15 employees) — before they can claim unfair dismissal.
- The SA Employment Tribunal (SAET) hears related employment matters including discrimination in employment under the Equal Opportunity Act 1984 (SA) and return to work disputes.
- SA public sector employees have additional protections under the Public Sector Act 2009 (SA), which sets out procedures for discipline and termination of government employees, including rights of review to the SA Employment Tribunal.
- General protections claims (no minimum service period required) can be brought where dismissal relates to exercising a workplace right, discrimination, or temporary absence due to illness or injury.
Additional Steps in South Australia
Lodge unfair dismissal applications with the Fair Work Commission within 21 days of dismissal. For discrimination or return-to-work disputes, apply to the SA Employment Tribunal (saet.sa.gov.au). Free legal advice is available through the Legal Services Commission of SA (1300 366 424).
Relevant Law: Fair Work Act 2009 (Cth), Part 3-2; Public Sector Act 2009 (SA); Equal Opportunity Act 1984 (SA); South Australia Employment Tribunal Act 2014 (SA)
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.