I think I was unfairly dismissed. What can I do?

Common question · Employment Law · Australia · 23 October 2026

General information from Lawmateanz

Under the Fair Work Act 2009, many employees can apply to the Fair Work Commission if they're dismissed in a way that's harsh, unjust or unreasonable.

You must apply within 21 days of the dismissal taking effect, which is a strict deadline. You also generally need to have worked for at least six months, or 12 months for an employer with fewer than 15 employees, and earn under the high income threshold or be covered by an award or agreement.

If you were dismissed for a reason such as making a complaint or taking leave, a general protections claim may apply instead, also within 21 days.

The Fair Work Commission has free guides, and community legal centres and unions can help.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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