Unfair dismissal in Australia

When a dismissal is unfair, who can apply, the 21-day deadline, and the remedies the Fair Work Commission can order.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

The threshold

Under the Fair Work Act, a dismissal may be unfair if it was harsh, unjust or unreasonable. Employees generally need at least 6 months' service (12 months in a small business) and to be covered by the national system.

Exclusions

Some dismissals are excluded — for example, genuine redundancy done correctly, or where a small-business fair-dismissal code was followed. The line is not always obvious.

The process

Apply to the Fair Work Commission within 21 days.
Conciliation often resolves the matter.
If not, a hearing decides if the dismissal was unfair.

Remedies

The Commission can order reinstatement or compensation (capped). Acting fast matters because of the strict deadline.

Ask the assistant to outline the usual steps, then get advice from a workplace lawyer or a free service such as a community legal centre promptly.

Common questions

How long do I have to apply?+

Usually 21 days from the dismissal. Extensions are only granted in limited cases.

Do casuals get protection?+

Long-term casuals with a regular pattern of work can be protected in some cases.

What can the Commission order?+

Reinstatement or compensation (capped), if the dismissal was harsh, unjust or unreasonable.