FAQs
Everything about us and your claim journey, explained.
Frequently Asked Questions
Have questions about your unfair dismissal, how our service works, or what to expect from conciliation? Our FAQ section covers the essentials – so you can feel confident and informed at every step.
You must be an employee who was dismissed and:
- Have completed the minimum employment period (6 months typically, 12 months for small businesses with less than 15 employees)
- Earn below the high-income threshold (unless covered by an Award or Enterprise Agreement).
The national system covers most private-sector employees as employers bound by the national workplace relations legislation, primarily the Fair Work Act 2009. State Government employees, contractors and volunteers are usually excluded and fall under different state based industrial relations laws.
The Fair Work Commission is Australia’s national workplace relations tribunal that handles unfair dismissal claims, general protections dismissals and other workplace disputes.
An unfair dismissal application must be lodged with the Fair Work Commission within 21 calendar days after the dismissal takes effect. An extension of time is rarely granted.
Yes, in fact most people choose to represent themselves. There is no requirement to have a lawyer appear for you.
Yes, even if the misconduct occurred, or you were terminated for underperformance, your dismissal may still be unfair. For example, your employer may not have provided you with procedural fairness or perhaps termination was a disproportionate response in the circumstances.
To be eligible to file an unfair dismissal claim, you must have completed a minimum of 6 months of continuous service with your employer. However, if you were employed by a small business (defined as having fewer than 15 employees), the required minimum employment period extends to 12 months.
No, part-time employees are eligible for unfair dismissal claims if they meet the minimum employment period.
Casual employees who were engaged on a regular and systematic basis with a reasonable expectation of ongoing employment can make a claim. The work does not need to be frequent or uniform but there must be a pattern of ongoing work.
To lodge an unfair dismissal claim, you must have been employed for at least 6 months, or 12 months if your employer was a small business. However, if you intend to make general protections claim you can make an application regardless of your length of service.
If you earn above the “high income threshold” which currently sits at $183,100 per year, and if you are not covered by an award or enterprise agreement you may not be eligible.
Yes, if the redundancy was not genuine, for example your job still exists, no consultation obligations were followed or if it was reasonable for your employer to have redeployed you to another role within the company.
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