Unfair Dismissal in Tasmania
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 Tasmania differs from federal law
Unfair dismissal claims for Tasmanian workers are heard by the Fair Work Commission under Part 3-2 of the Fair Work Act 2009 (Cth). Since Tasmania 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.
- Tasmania has a high proportion of small businesses, meaning many Tasmanian workers face the 12-month qualifying period rather than the 6-month period.
- The State Service Act 2000 (Tas) provides additional protections and procedures for Tasmanian Government employees, including rights of review for disciplinary action and termination.
- General protections claims (no minimum service period) can be brought where dismissal relates to exercising a workplace right, discrimination, or temporary absence due to illness or injury.
Additional Steps in Tasmania
Lodge unfair dismissal applications with the Fair Work Commission within 21 days of dismissal. For state service employees, review rights are available through the State Service Commissioner. Free legal advice is available through Legal Aid Tasmania (1300 366 611).
Relevant Law: Fair Work Act 2009 (Cth), Part 3-2; State Service Act 2000 (Tas); Anti-Discrimination Act 1998 (Tas)
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.