Unfair Dismissal: 21-Day Deadline & How to Apply

You were sacked and you think it was unfair — no proper reason, no warning, or dismissed after you complained or took sick leave. The Fair Work Commission applies a strict time limit for lodging an unfair dismissal application, counted from the day you were dismissed. A late application may be rejected, so it is worth checking the time limit as early as possible.

Claim Done drafts your Unfair Dismissal Application for $49. You answer plain questions about your job, what happened and why you believe the dismissal was harsh, unjust or unreasonable. Claim Done drafts your outline of argument — the document you attach to the Commission’s application form — setting out the facts, the law and the outcome you are seeking, such as your job back or compensation. You read it, confirm it, and download it to lodge yourself.

Who Can Apply for Unfair Dismissal

Not everyone dismissed from a job can apply to the Fair Work Commission. There are eligibility requirements, and you would need to meet each of them.

Generally, you need to have been dismissed. Resignation does not ordinarily count, although a resignation that was forced because the employer’s conduct left no real choice can sometimes be treated as a dismissal. A redundancy may still be challenged as an unfair dismissal if the redundancy was not genuine or the process was unfair.

You also need to have been protected from unfair dismissal under the Fair Work Act. That generally means being covered by the national workplace system, which includes many private sector employees, Commonwealth government employees and employees of some territory employers.

There is a minimum employment period that must be met, and it is different for small businesses. Casual employees may be able to count their service if they worked regular hours on a systematic basis and had a reasonable expectation of continuing work. Check the Fair Work Commission’s current guidance on the minimum employment period and on what counts as a small business.

Your earnings also matter. There is a high income threshold, set by the Fair Work Commission each year. If your earnings are above that threshold, whether you can apply may depend on whether a modern award or enterprise agreement covers you. Check the current threshold on the Fair Work Commission’s website.

Finally, there is a strict time limit for lodging your application, counted from the day the dismissal took effect. The Commission can extend the time limit only in limited circumstances.

The Lodgment Time Limit

The time limit is counted from the day your dismissal took effect — the day your employment ended. If you were dismissed on the spot, that is generally the day you were told. If you were given notice or paid in lieu of notice, the date the dismissal takes effect may be different from the day you were told, so check how the Fair Work Act and the Commission treat your situation.

The time limit is applied strictly. The Fair Work Commission may reject a late application unless it is satisfied that there are exceptional circumstances that justify an extension. Whether circumstances count as exceptional is a decision for the Commission, and it is not safe to assume that more time will be allowed because you did not know about the limit or were waiting for advice.

Count the days carefully, and check how the Commission counts them, including what happens if the last day falls on a weekend or public holiday. Check the Commission’s current lodgment methods and lodge through the method it requires.

What the Fair Work Commission Looks At

The Fair Work Commission decides whether a dismissal was harsh, unjust or unreasonable. Matters it can consider include whether there was a valid reason for the dismissal, whether the employee was told about the reason and given a chance to respond, whether there were warnings, whether the employer considered other options, and the effect the dismissal has had on the employee.

A valid reason is generally a reason related to the employee’s conduct or capacity to do the job. Performance concerns, misconduct, or a genuine redundancy may be valid reasons, but the process the employer followed also matters. If an employer did not investigate properly, did not explain the problem, or did not give the employee a chance to explain, a dismissal can still be found to be unfair even where there was a valid reason.

The Commission also considers procedural fairness. That can include whether the employer followed its own policies, whether a warning was given (unless the conduct was so serious that a warning was not appropriate), and whether the decision to dismiss was proportionate to what the employee did or failed to do.

If the Commission finds a dismissal was unfair, it can order the employer to reinstate the employee or to pay compensation. The Fair Work Act sets a cap on compensation, and the Commission decides the amount after considering factors such as length of service, the chances of finding another job, what has been earned since, and efforts made to find work. Check the Commission’s current guidance on the compensation cap.

What Goes in Your Unfair Dismissal Application

Your application to the Fair Work Commission has two parts: the Commission’s standard form, and your outline of argument, the document that sets out why your dismissal was unfair.

The form asks for basic information: your name and contact details, your employer’s name and address, the date you started, the date you were dismissed, your pay, whether you were covered by an award or agreement, and whether you meet the minimum employment period. You answer the eligibility questions and upload your outline of argument as an attachment.

Your outline of argument is where you tell your story. It sets out what happened, in order, from the time you started to the day you were dismissed. It explains what your employer said the reason was, why you believe that reason was not valid or not fair, what you say your employer did wrong in the process, and how the dismissal has affected you.

The outline does not need to be long, but it should be clear, factual and organised, so that the person reading it can understand what happened without having to guess or fill in gaps.

How Claim Done Helps

Claim Done’s Unfair Dismissal Application service drafts your outline of argument from your answers to plain questions. You do not need to know the Fair Work Act or how to structure a legal argument — the questions guide you through what the Commission needs to know.

You answer questions about your job: when you started, your role, your pay, how many people the business employed. You answer questions about what happened: what your employer said the reason was, whether you were warned, whether you were given a chance to respond, what you said, and what your employer decided. You answer questions about why you think the dismissal was unfair: whether the reason was true, whether the process was fair, whether your employer investigated properly, and what effect losing your job has had on you.

Claim Done drafts your outline of argument in clear, structured paragraphs. It sets out the facts in order, refers to the relevant criteria, and explains why you say your dismissal was harsh, unjust or unreasonable. You read it, and if it says what you need it to say, you confirm it and download it as a PDF. You then lodge the form yourself through the Fair Work Commission’s online process and attach the outline.

The cost is $49, paid once. No subscription, no hourly rate, no extra charge if you need to read it twice or save it and come back. Claim Done is not a law firm and this page is general information, not legal advice.

What Happens After You Lodge

Once you lodge your application, the Fair Work Commission serves a copy on your employer. Your employer is given a limited time to file a response setting out whether it agrees you are eligible, whether it opposes your application, and its version of what happened.

The Commission may then list the matter for a conciliation conference. A conciliation is an informal process, often by phone, where a Commission member helps you and your employer try to reach an agreement. If you reach an agreement, it is recorded in writing and the matter can end there. If you do not settle, the matter can go to a hearing, where a Commission member hears evidence and makes a decision.

Many people attend conciliation and hearings without a lawyer, but preparation matters. That means having your outline of argument ready, knowing your facts, and being able to answer questions about what happened.

Start Your Unfair Dismissal Application

If you were dismissed and you believe it was unfair, the time limit is strict and it is worth acting early. Waiting to see what happens, or hoping your employer will change its mind, uses up time that you cannot get back.

Claim Done’s Unfair Dismissal Application service drafts your outline of argument from your answers to plain questions. $49, no subscription, ready to download and lodge yourself. You read it first — nothing is sent until you confirm it says what you need it to say.

The Fair Work Commission applies its time limit strictly, so it is worth finding out about it early. Prepare your unfair dismissal application with a clear, structured outline that sets out why you say your dismissal was unfair.

Frequently Asked Questions

Can I apply for unfair dismissal if I resigned?

Ordinarily resignation is not a dismissal. However, if you were forced to resign because of your employer’s conduct — for example, being demoted, having your hours cut drastically, or serious bullying — the Fair Work Act may treat the resignation as a dismissal. The Commission looks at whether resignation was the only reasonable option left to you, and the outcome depends on the facts.

What happens if I miss the time limit?

The Fair Work Commission may reject a late application unless it is satisfied that there are exceptional circumstances. That is a decision for the Commission in each case. It is not safe to assume that not knowing about the time limit, being busy or waiting for advice will be accepted, so it is worth lodging as early as you can.

Do I need a lawyer to apply for unfair dismissal?

You are not required to have a lawyer to apply. You can prepare and lodge your own application, including at the conciliation conference and the hearing if it goes that far. Claim Done’s Unfair Dismissal Application service drafts your outline of argument for $49 so you start with a clear, structured document, but you lodge it and run the case yourself.

Can I apply if I was a casual employee?

Casual employees may be able to apply if they worked regular hours on a systematic basis and had a reasonable expectation of continuing work. The minimum employment period also applies, and it is different for small businesses. The Fair Work Commission looks at the reality of the working arrangement, not just the label on your contract.

What can I get if I win my unfair dismissal case?

The Fair Work Commission can order an employer to reinstate an employee — give them their job back with the same pay and conditions — or to pay compensation. The Fair Work Act sets a cap on compensation, and the Commission decides the amount based on factors such as length of service, efforts to find other work, and the effect the dismissal had on the employee. Check the Commission’s current guidance for the cap that applies.