What you need to know
In Australia, most private-sector workers are covered by the Fair Work Act 2009 (Cth). If you were dismissed and you think it was harsh, unjust or unreasonable, you may have an unfair dismissal claim.
Are you eligible?
- You must have been employed for at least 6 months (12 months for small business under 15 staff).
- You must earn under the high-income threshold (currently $175,000+ annual rate triggers different rules).
- You must be a "national system" employee — most Queensland private-sector employees are.
- You must lodge with the Fair Work Commission within 21 days of the dismissal taking effect.
What counts as "unfair"?
The Fair Work Commission looks at whether there was a valid reason, whether you were given an opportunity to respond, whether you were warned about performance, and whether the dismissal was disproportionate to the conduct.
The 21-day rule
You have exactly 21 days from the date your dismissal took effect to file Form F2 with the Fair Work Commission. Late applications are very rarely accepted. If you have just been dismissed, do not wait.
What can you get?
Most unfair dismissal matters settle at conciliation — typically for an amount between 4 and 16 weeks of pay, depending on length of service, the strength of the case, and the employer's appetite to resolve.
Other claims you might have
- General Protections claim — if you were dismissed because you exercised a workplace right.
- Discrimination claim — if dismissal related to a protected attribute (race, gender, pregnancy, disability).
- Underpayment claim — separate from dismissal, but often runs alongside.
Tell us what happened. We review every brief and match you with the right firm — free for you, always.