Employment Lawyers › Unfair Dismissal
Unfair Dismissal Lawyers — 21 Days. Act Now.
If you have been dismissed without a valid reason, without prior warning, or without a fair process — you may have an unfair dismissal claim. The Fair Work Commission requires you to lodge within 21 days of the dismissal taking effect. Do not wait. Get connected with an employment lawyer before the deadline passes.
⚠ The 21-day unfair dismissal time limit runs from the day the dismissal takes effect — not the day you received the letter. If you were dismissed last week, act today. Submit your request now.
What We Help With
Unfair dismissal — every stage from lodgement to hearing.
From assessing whether your dismissal was harsh, unjust, or unreasonable — to lodging within the 21-day deadline, preparing for conciliation, and representing you at a formal hearing if needed.
Dismissal Without Valid Reason
Where the stated reason for dismissal did not justify termination — including performance dismissals where no genuine performance management was conducted, or conduct dismissals where the alleged conduct was minor or not proved.
Dismissal Without Warning
Employers are generally required to provide prior warnings and an opportunity to improve before dismissing for performance. Summary dismissal without a fair warning process can be unfair even where there was some valid reason for concern.
No Opportunity to Respond
Before dismissal for conduct or performance, an employer must notify you of the reason and give you a genuine opportunity to respond. Procedural unfairness alone can make an otherwise valid dismissal unfair.
Support Person Denied
Employees must be allowed to bring a support person to a meeting where dismissal is being discussed. Denying this right — while not automatically unfair — is a relevant procedural factor the FWC considers.
Small Business Fair Dismissal Code
Employers with fewer than 15 employees are subject to the Small Business Fair Dismissal Code. Understanding whether the code was complied with requires specific advice — compliance is assessed differently from the general unfair dismissal criteria.
Reinstatement or Compensation
Unfair dismissal remedies include reinstatement (returning to your old job) or compensation (up to 26 weeks' pay, capped at the high-income threshold). Most successful claimants receive compensation. Negotiating the best outcome requires an experienced employment lawyer.
What the Law Says
The unfair dismissal framework — eligibility, the test, and remedies.
Unfair dismissal claims are governed by Part 3-2 of the Fair Work Act 2009 (Cth). The FWC applies a specific test to determine whether a dismissal was harsh, unjust, or unreasonable.
Eligibility — who can claim
To be eligible for unfair dismissal, you must be a national system employee, have completed the minimum employment period (6 months for employers with 15+ employees, 12 months for small businesses with fewer than 15 employees), and earn below the high-income threshold (currently $175,000 per year) unless covered by a Modern Award or Enterprise Agreement. Casuals with regular and systematic employment of sufficient duration are also eligible.
The FWC's "harsh, unjust, or unreasonable" test
The FWC must consider: whether there was a valid reason for the dismissal (conduct or capacity); whether the employee was notified of the reason; whether the employee was given an opportunity to respond; the size of the employer; whether a support person was unreasonably refused; and any other relevant matters. A dismissal can be unfair even where valid reasons existed, if the process was deeply unfair or the outcome disproportionate to the conduct.
The 21-day time limit — strictly applied
The 21-day period begins on the day the dismissal takes effect — typically the last day of employment. The FWC has limited power to grant extensions, and extensions are rarely granted. The accepted bases for extension are exceptional circumstances — serious illness, error by the FWC itself, or circumstances clearly outside the applicant's control. Leaving it until day 20 is risky — lodging as soon as possible is always advisable.
Conciliation — most claims settle here
After lodgement, the FWC schedules a conciliation conference — typically by phone — where a conciliator assists the parties to negotiate a resolution. The vast majority of unfair dismissal claims settle at conciliation. A monetary payment, a reference, or return of equipment are common outcomes. An employment lawyer advises on whether an offer is reasonable and negotiates on your behalf in the conciliation to maximise the outcome.
Formal hearing — when conciliation fails
If conciliation does not resolve the matter, the claim proceeds to a formal hearing before a Commissioner or Member of the FWC. Evidence is given, witnesses may be called, and both sides make submissions. Representation by an employment lawyer at a formal hearing is strongly advisable — unrepresented applicants are at a significant disadvantage in a procedurally complex hearing environment.
Remedies — reinstatement or compensation
The primary remedy for unfair dismissal is reinstatement — return to your former position on the same terms. If reinstatement is not appropriate (because the employment relationship has irreparably broken down), the FWC can order compensation. Compensation is capped at 26 weeks' pay and at the high-income threshold. There is no separate award for hurt and distress. Deductions may apply for any income earned since dismissal and for contributory conduct.
How It Works
One request. An employment lawyer before the deadline.
Tell us the date of dismissal, your state, and any relevant details. An employment lawyer will contact you urgently for a free consultation before your 21-day window closes.
Submit Your RequestTell us about your dismissal
Include the date dismissal took effect, the reason given, your industry, and your state. Mention if you are approaching the 21-day deadline.
Matched to an employment lawyer
Your request is matched to a lawyer experienced in FWC unfair dismissal applications — conciliation, hearings, and settlement negotiations.
Free consultation arranged
An employment lawyer contacts you for a free consultation — assessing eligibility, advising on the strength of the claim, and lodging before the deadline if appropriate.
Common Questions
Unfair dismissal — frequently asked questions.
Can I claim unfair dismissal if I resigned?
Generally no — unfair dismissal requires a dismissal by the employer. However, if you were forced to resign due to the employer's conduct (for example, because you were being bullied, underpaid, or the workplace had become intolerable), this may constitute a "constructive dismissal" and you may still be able to claim. A lawyer assesses whether the circumstances of your resignation could support an unfair dismissal or general protections claim.
I was dismissed for serious misconduct — can I still claim?
Yes — summary dismissal for serious misconduct does not automatically mean the dismissal was fair. The FWC assesses whether serious misconduct actually occurred, whether it justified dismissal given all the circumstances, and whether the process was fair. Many summary dismissal cases are found to be unfair because the conduct was not as serious as alleged, was not properly investigated, or the dismissal was disproportionate to the conduct.
What is the maximum I can receive from an unfair dismissal claim?
Compensation in unfair dismissal is capped at 26 weeks' pay, subject also to the high-income threshold. The FWC considers your actual loss (lost earnings, less any income earned since dismissal), any contribution to the dismissal by your own conduct, and the factors above. Most settlements and awards are considerably less than the maximum. A lawyer can give you a realistic assessment of the compensation range for your specific situation.
Can I claim unfair dismissal if I'm a casual employee?
Yes — provided you have been employed on a regular and systematic basis with a reasonable expectation of continuing employment. A true casual employee engaged on an irregular, ad-hoc basis who has no expectation of ongoing work cannot claim unfair dismissal. If you worked regular shifts, had a consistent roster, and expected to continue, you may be eligible regardless of how your employment was classified.