Unfair Dismissal Australia: Cost and Your Options

If you were sacked and believe it was harsh, unjust or unreasonable, you can
apply to the Fair Work Commission for unfair dismissal — but there is a strict
21-day deadline from the day the dismissal took effect. You have three real
options: apply to the Commission yourself, have the application drafted for a flat
$49, or engage an employment lawyer. This page sets out what each costs, what
you get, and the honest trade-offs.

First: the 21-day deadline

Under the Fair Work Act 2009 (section 394), an unfair dismissal application must be made
within 21 days after the dismissal took effect. The Commission only extends this in limited
circumstances, so whichever option you choose, act quickly. Eligibility rules also apply,
including a minimum period of employment and, for some employees, an income threshold.

Your three options, compared by type

1. Apply to the Fair Work Commission yourself

You lodge an unfair dismissal application (Form F2) with the Fair Work Commission, then take
part in conciliation and, if it is not resolved, a hearing. The Commission’s website has the
form and guidance.

• Cost: a modest application fee set by the Commission and indexed each
  year; it can be waived if paying it would cause you serious financial hardship. Your own time
  is the main cost.
• Good for: a straightforward dismissal where you are comfortable setting
  out your case and putting it yourself at conciliation.
• Trade-offs: you write the application and the account of what happened,
  and you argue your own case. A weak or vague application can undercut an otherwise good claim,
  and the 21-day clock is unforgiving.

2. Application drafted — Claim Done ($49 flat)

You answer a few plain-English questions about your job and how it ended. Claim Done drafts a
complete unfair dismissal application from your answers, setting out why the dismissal was
harsh, unjust or unreasonable and the remedy you seek, ready for you to lodge with the Fair Work
Commission inside the 21-day deadline. You read the draft and approve it first.

• Cost: a flat $49, shown before you pay. No subscription.
• Exact deliverable: a finished, ready-to-lodge unfair dismissal application
  drafted from your facts, with your grounds and the remedy you are asking for set out clearly.
• Turnaround: the draft is usually ready about five minutes after you finish
  the questions — which matters against a 21-day deadline.
• What you supply: where you worked, how long, how and when the job ended,
  the reason you were given, and what you want (your job back or compensation). You do not need
  to know the law.
• What happens next: you lodge the approved application with the Fair Work
  Commission (online, by the deadline) and take part in the conciliation the Commission arranges.
  Claim Done drafts the application; it does not lodge it for you or represent you.
• Good for: most people who want a correct, well-argued application done
  quickly and cheaply, and are comfortable lodging it and attending conciliation themselves.

3. Employment lawyer (quote-based)

An employment lawyer can advise you, draft the application and represent you through
conciliation and any hearing. Some act on a no-win-no-fee basis for unfair dismissal.

• Cost: quoted by the firm, often an hourly rate or a no-win-no-fee
  arrangement that takes a percentage of any settlement; ask for the terms in writing first.
• Good for: complex dismissals, a large amount at stake, or where you want
  someone to run the case and represent you.
• Trade-offs: the highest cost of the three. Remedies for unfair dismissal
  are capped, so weigh the likely fee or percentage against what you could realistically recover.

Which should you choose?

If the dismissal is straightforward and you are comfortable arguing it yourself, applying to
the Commission direct costs only the (waivable) fee. If you want a correct, well-argued
application drafted fast against the 21-day deadline without lawyer fees, the $49 option is the
middle path. If the matter is complex or a lot is at stake, an employment lawyer — including
no-win-no-fee — is worth considering.

What an unfair dismissal application is — and is not

An unfair dismissal application asks the Fair Work Commission to decide that your dismissal
was harsh, unjust or unreasonable and to order a remedy, usually reinstatement or compensation.
It is not a general claim for any grievance about work, and it is separate from a general
protections (adverse action) claim; which path fits depends on why you were dismissed.

Where Claim Done fits

Claim Done is a document drafting service, not a law firm, and does not give legal advice. It
drafts your unfair dismissal application from your answers for a flat $49, you approve it before
you lodge it, and it does not lodge the application or represent you at the Commission.
Start your
unfair dismissal application.

Frequently asked questions