Unfair Dismissal in Australia: Am I Eligible?

Unfair dismissal is a claim that a termination was harsh, unjust or unreasonable. Not every employee can make the claim — eligibility rules apply, and applications must usually be lodged quickly after dismissal.

Common eligibility factors

Eligibility often depends on whether you were an employee (not a genuine contractor), how long you worked for the employer, whether the employer is a small business, and whether you earned above the high‑income threshold when award/agreement coverage does not apply. Casual employees may qualify in some circumstances if they had a regular and systematic pattern of work.

Time limits

Unfair dismissal applications to the Fair Work Commission are generally due within 21 days of the dismissal taking effect. Late applications are only accepted in limited circumstances.

Other claims

Even if unfair dismissal is not available, other pathways may exist (for example general protections or discrimination claims). The right pathway depends on why and how the employment ended.

Get advice early

This page is general information only and is not legal advice. If you have been dismissed or threatened with dismissal, submit a free legal enquiry to speak with an employment lawyer about your options.