Unfairly Dismissed? You Have 21 Days to Act — Here’s What to Do

You were fired. Maybe with no warning. Maybe for a reason that does not stack up. Maybe after raising a complaint or taking sick leave. Whatever happened, you feel it was unfair — and you might be right.

But here is the critical thing: you have exactly 21 days from the date of dismissal to file an unfair dismissal application with the Fair Work Commission. Miss that deadline, and you lose your right to claim — permanently.

Was your dismissal unfair?

Under the Fair Work Act 2009, a dismissal is unfair if:

• It was harsh, unjust, or unreasonable
• It was not a genuine redundancy
• It was not consistent with the Small Business Fair Dismissal Code (for employers with fewer than 15 employees)

Common unfair dismissal scenarios:

• Fired without any prior warnings or performance management
• Fired for taking sick leave, parental leave, or making a complaint
• Fired for a minor issue that did not warrant termination
• Made redundant but your role was immediately filled by someone else
• Not given a chance to respond to the allegations against you

What you can get

The Fair Work Commission can order:

• Reinstatement — getting your job back
• Compensation — up to 26 weeks’ pay (capped at half the high-income threshold)

Do not wait

The 21-day deadline is strict. The Fair Work Commission can extend it in exceptional circumstances, but “I did not know about the deadline” is usually not enough. Start today.

Claim Done prepares your Unfair Dismissal Application for $49. Tell us what happened — employer name, your role, the reason given for dismissal, and when it happened — and we draft your outline of argument for the Fair Work Commission. Done in about 5 minutes.

Related guides: who can claim unfair dismissal, what happens at the Fair Work conciliation, reinstatement and compensation and when a redundancy can be unfair.