Unfair Dismissal in Victoria
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 Victoria differs from federal law
Because Victoria referred its industrial relations powers to the Commonwealth, all unfair dismissal claims in Victoria go to the Fair Work Commission under the Fair Work Act 2009 (Cth). There is no separate Victorian unfair dismissal jurisdiction.
- To bring an unfair dismissal claim, a Victorian employee must have been employed for at least 6 months (or 12 months for a small business employer with fewer than 15 employees) and their annual earnings must not exceed the high-income threshold (currently around $175,000, indexed annually).
- The Fair Work Commission's Melbourne Registry (Level 4, 11 Exhibition Street) handles Victorian matters. Conciliation conferences are the first step — most unfair dismissal claims resolve at this stage.
- Victoria's Equal Opportunity Act 2010 provides an alternative pathway if a dismissal was motivated by discrimination on a protected attribute (e.g., race, sex, disability, age, parental status, political belief). Complaints go to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).
- JobWatch (Employment Rights Legal Centre) is a Victorian community legal centre specialising in employment law — they provide free telephone advice and legal representation for eligible workers.
Additional Steps in Victoria
Lodge an unfair dismissal application with the Fair Work Commission within 21 days of your dismissal date. For discrimination-related dismissals, lodge with VEOHRC (humanrights.vic.gov.au). Contact JobWatch (1800 331 617) for free advice.
Relevant Law: Fair Work Act 2009 (Cth), Part 3-2; Equal Opportunity Act 2010 (Vic); Charter of Human Rights and Responsibilities Act 2006 (Vic)
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.