Unfair Dismissal, General Protections or Breach of Contract — Which Claim Is Yours?
Lost your job in Australia and not sure which claim fits? The plain-English difference between unfair dismissal, a general protections claim, and breach of contract — including the strict 21-day deadline.
Prepared with AI assistance and checked against primary sources. How we work
Three different claims, three different tests
When a job ends badly in Australia, there are usually three avenues — and they're not interchangeable. Unfair dismissal asks whether the dismissal was harsh, unjust or unreasonable (and whether a fair process was followed). General protections asks whether you were dismissed (or treated adversely) for a prohibited reason — exercising a workplace right, a complaint, or a protected attribute. Breach of contract is about your employer not honouring the terms of your contract (notice, entitlements). Picking the right one matters, because they have different eligibility, deadlines and remedies.
The 21-day deadline you can't miss
Both unfair dismissal and a general protections claim involving dismissal must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Extensions are only granted in exceptional circumstances. Breach of contract runs on much longer court limitation periods, but don't rely on that — if dismissal is involved, treat the 21-day clock as the hard deadline and act now.
Quick guide to which fits
Unfair dismissal — you were sacked, you've served the minimum period (6 months, or 12 for a small business), you're under the high-income threshold or award/agreement-covered, and the dismissal seems harsh or you weren't given a fair go. Check with the Unfair Dismissal Checker.
General protections — the real reason was something protected (you made a complaint, took leave, raised safety, or a personal attribute). No minimum employment period applies. See the General Protections hub.
Breach of contract — the issue is unpaid notice or entitlements rather than the fairness of the dismissal itself.
Not sure? Don't let the clock run
If you're unsure, the safest move is to check eligibility today and, if in doubt, lodge within 21 days — the Commission can sort out the pathway, but it can't give you the time back. The FairWork Mate advisor can talk through which avenue fits your facts, and the Conciliation Prep tool helps if it proceeds. General information, not legal advice — get advice quickly.
FairWork Mate AI
Have a question this article didn't cover?
Cited answers grounded in the Fair Work Act, your award and the Fair Work Commission decisions behind them. Free to start.
Ask the advisor →Pro is $29.99/mo for 150 questions, or a $14.99 7-Day Pass covers 50 questions over 7 days. See plans
Get pay and rights updates for your job
Free email updates when award rates, the minimum wage or workplace laws change.
Free forever. No spam. Unsubscribe anytime.
Official resources
General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
Related articles
You're owed 4 to 16 weeks' pay depending on how long you've worked. Enter your salary and years to see your exact payout.
Minimum Notice Period Australia: 1–5 Weeks by Service (Table + Calculator)1 week (<1 yr), 2 weeks (1–3 yrs), 3 weeks (3–5), 4 weeks (5+), +1 week if 45+ with 2 yrs' service. Notice pay at $55K–$120K, pay in lieu, resignation.
Unfair Dismissal in Australia: How to Know If You Have a CaseWas your dismissal unfair? Learn the eligibility rules, 21-day deadline, high income threshold ($190,100), remedies, and how to apply to the Fair Work Commission.
My Employer Is Threatening to Fire Me — What Are My Rights?Your employer can't threaten adverse action for exercising workplace rights. Learn about General Protections under the Fair Work Act and what to do if you're being threatened.
FairWork Mate is an independent Australian publisher of workplace-rights information. Our content is prepared with AI assistance and draws on primary sources — the Fair Work Act, modern awards, and Fair Work Commission and Fair Work Ombudsman material. It is general information, not legal advice.