Understanding unfair dismissal in Australia
By Aurum Legal · 9 July 2026
Lost your job and think it was unfair? The clock starts the day you are dismissed.
The 21-day deadline
You generally must apply to the Fair Work Commission within 21 days. Extensions are rare and granted only for exceptional reasons. This is the single most important thing to know.
Are you eligible?
You usually need the minimum employment period (6 months, or 12 for a small business) and to be in the national system. Long-term regular casuals can sometimes be protected.
What counts as unfair?
A dismissal is unfair if it was harsh, unjust or unreasonable — for example, no warning for a minor issue, or no chance to respond. A genuine redundancy done properly is excluded.
Remedies
If successful, the Commission can order reinstatement or compensation (capped). Most matters settle at conciliation.
Don't wait
Ask the assistant to outline the steps, then get advice from a community legal centre or workplace lawyer immediately given the deadline.