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.
Senior Workplace Relations Writer · GradDip Employment Relations, Griffith University
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.
Official resources
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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.
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Nine years in Australian workplace relations — Queensland hospitality HR, then retail ER in Brisbane and Northern NSW. Graduate Diploma in Employment Relations (Griffith University, 2018). Writes about award interpretation, underpayment recovery, and casual conversion. Member of the AHRI since 2019. Based in Paddington, Brisbane.