I have been dismissed. What can I do?

Last checked: 31 October 2026

The short answer

If you were dismissed unfairly, or for a reason the law bans, you may be able to apply to the Fair Work Commission. You have only 21 days from the day the dismissal took effect, and late applications are rarely accepted. Unfair dismissal and general protections are different claims, and you can make only one type of dismissal application. Check your notice and final pay too, because these are separate rights.

Key dates and time limits

• 21 days from the day your dismissal took effect to apply for unfair dismissal (Form F2).
• 21 days from the day your dismissal took effect to apply for a general protections dismissal claim (Form F8).
• 14 days after the Commission issues a certificate in a general protections case to go to court (or to agree to arbitration).
• An extension of time is given only in exceptional circumstances, and most requests are refused.

Step by step

1. 1

   Work out the date your dismissal took effect

   This is the day your job actually ended. It may be your last day at work, your last day of paid leave, or a later date in your notice. If you were paid instead of working your notice, it usually ended straight away. Count 21 days from that date.

2. 2

   Check which claim fits

   Unfair dismissal is for a dismissal that was harsh, unjust or unreasonable, or a redundancy that was not genuine. A general protections claim is for a dismissal because of a reason the law bans, such as your race, sex, age, disability, taking leave, making a complaint, or being sick. You can make only one type of dismissal application, so get advice if you are unsure.

3. 3

   Check you can claim unfair dismissal

   You must have worked for at least 6 months, or 12 months if the business had fewer than 15 employees. If no award or enterprise agreement covers you, you must earn less than the high income threshold, which is $190,100 from 1 July 2026 (as at October 2026). Casuals must have worked regular and systematic hours. If the employer is a small business, the Commission checks whether it followed the Small Business Fair Dismissal Code.

4. 4

   Gather what you have

   Collect your contract, payslips, rosters, any warnings, the dismissal letter or messages, and notes of what was said and when. You can apply before you have every document. Do not let gathering papers make you miss the 21 days.

5. 5

   Apply to the Fair Work Commission

   Use the eligibility check on the Commission website, then apply online or use Form F2 (unfair dismissal) or Form F8 (general protections dismissal). There is a fee of $92.70 for 2026 to 27 (as at October 2026). If paying would cause you serious financial hardship, you can ask for the fee to be waived.

6. 6

   Take part in conciliation or a conference

   For unfair dismissal, a Commission staff member runs an online conciliation, usually 2 to 5 weeks after you apply, for about 90 minutes. For general protections, the Commission runs a conference to help both sides agree. You do not have to settle. If an unfair dismissal case does not settle, it goes to a hearing or conference with a Commission Member. If a general protections case does not settle, you can go to court within 14 days of the certificate.

7. 7

   Check your notice and redundancy pay

   Under the National Employment Standards, most employees get 1 to 4 weeks' notice or pay instead of notice, based on length of service, plus an extra week if you are over 45 with at least 2 years of service. If your job was made redundant and the employer has 15 or more employees, you may be owed redundancy pay. Use the Fair Work Ombudsman Notice and Redundancy Calculator to check.

Who can help

Forms and the law