For employees
Unfair dismissal and general protections claim pack
Answer a few questions about your dismissal and get your Form F2 (unfair dismissal) or Form F8 (general protections) answers under the Commission's own question headings, a dated chronology, a witness statement template filled from your timeline, and a plain list of next steps. A live countdown shows your 21-day deadline.
Checked . General information, not legal advice.
The deadline that matters
Your application must reach the Fair Work Commission within 21 days after your dismissal took effect.
Source: Fair Work Act 2009 s 394(2)(a) and s 366(1)(a).
How is the 21-day deadline counted?
Day 1 is the day after your dismissal took effect, so day 21 is your last day plus 21 calendar days. Weekends and public holidays inside the 21 days do not add time. If day 21 itself falls on a weekend, or on a public holiday when the Commission is closed (New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day, Boxing Day or their substitutes), the time runs to the next business day (Commission's Unfair Dismissals Benchbook).
State public holidays are less clear-cut. Local Commission offices close but online lodgment stays open. In Boyd v MarketTrack Global Pty Ltd [2019] FWC 8489, a NSW public holiday on day 21 still extended the time to the next day. The claim pack shows you plain day 21 and, where it applies, the later legal last day, and counts down to the earlier one.
Miss it and the Commission can only accept your application if there are exceptional circumstances, a test it describes as a high bar. Form F2 Part 4 and Form F8 Part 4 ask why you were late; the pack adds those questions when you are out of time.
Form F2 or Form F8: which claim fits?
You can only make one claim about the same dismissal (s 725; Commission guidance on multiple actions). The pack drafts Form F8 if you say the dismissal was for a protected reason, and Form F2 otherwise, and you can switch.
| Unfair dismissal (Form F2, s 394) | General protections (Form F8, s 365) | |
|---|---|---|
| What you say | The dismissal was harsh, unjust or unreasonable | You were dismissed for a protected reason: a workplace right (s 340), discrimination (s 351), industrial activity (s 346) or temporary absence for illness or injury (s 352) |
| Who can claim | At least 6 months' employment (12 months with a small business), and under the $190,100 high income threshold unless an award or agreement covered you | No minimum employment period and no income limit |
| Who proves the reason | The Commission weighs the factors in s 387, such as a valid reason and a chance to respond | The employer must prove the dismissal was not for the protected reason (s 361) |
| What the Commission does | Conciliation first; if no agreement, a Member can decide the case. Compensation is capped at the lesser of 26 weeks' pay or $95,050 (s 392) | A conference only; it cannot decide the case. If unresolved you have 14 days after the certificate to go to court, or both sides can agree to Commission arbitration |
Sources: Fair Work Act 2009 (Federal Register of Legislation); Commission: general protections; Commission: what is conciliation.
Can you claim unfair dismissal?
- Minimum employment period. At least 6 months, or 12 months if your employer had fewer than 15 employees, ending at the earlier of when you were told of the dismissal and the dismissal itself (s 382, s 383). Casual work counts only if it was regular and systematic (s 384).
- Small business. Fewer than 15 employees, counting regular casuals (s 23). If the employer followed the Small Business Fair Dismissal Code, the dismissal is not unfair (s 385(c), s 388; Commission benchbook).
- High income threshold. If no award or enterprise agreement covered you, you must have earned less than $190,100 a year for a dismissal on or after 1 July 2026 (s 382(b); Commission).
- Genuine redundancy. A genuine redundancy is not unfair dismissal (s 385(d)). It is only genuine if the job is no longer needed, the employer met any consultation obligation in an award or agreement, and redeployment would not have been reasonable (s 389).
Not eligible for unfair dismissal? A general protections claim has neither requirement, but it needs a protected reason. Our unfair dismissal checker runs these tests in a minute.
The Commission's AI rules from 20 October 2026
The Commission's Guidance Note on the use of generative AI in Commission cases applies to every document lodged in a Commission case from 20 October 2026. If you use GenAI to help create, write or edit an application, submission, chronology or witness statement, you must:
- state in the document "GenAI was used in preparing this document" and how you used it (or answer the form's GenAI question, where there is one);
- check that every fact, case, piece of legislation and quote is correct and real, by a person and not another AI tool, and state that you have; and
- for a witness statement, make sure it is the witness's own knowledge and own words, and say so.
If you do not, your documents can be given less weight or disregarded, you can be ordered to pay costs, or your case can be dismissed. The Commission also recommends a hyperlink to every case you cite (Commission's AI page).
How the pack handles it. The pack itself is filled from your answers by fixed templates, not written by AI. It includes the disclosure wording to use if you do get AI help, and an authorities checklist that checks every case you cite against our library of published Commission and court decisions: linked if found, flagged "not found" if not. Drafts you export from the advisor in a lodgeable form get the same note and checklist automatically.
What's in the pack
- Form answers under the current Form F2 or Form F8 question headings, in numbered paragraphs, ready to copy into the form.
- Chronology: your events in date order with the document that proves each one.
- Witness statement template filled from your own timeline, with the own-words statement and declaration the Guidance Note asks for, plus an outline for each other witness.
- AI disclosure and authorities checklist, as above.
- Next steps: where and how to lodge, the fee, what happens at conciliation or the conference, and free help.
What it costs
The Commission charges an application fee of $92.70 for 2026-27 (fees page). If paying it would cause serious hardship, ask for a waiver on Form F80 when you lodge.
Building and previewing the pack on screen is free. Saving your deadline with reminder emails needs a free account. Word and PDF downloads come with Pro, Plus or a 7-Day Pass (plans).
Free legal advice may be available from the Commission's Workplace Advice Service, community legal centres and unions. Our unfair dismissal legal help guide explains when a lawyer is worth it.
Questions
How many days do I have to lodge an unfair dismissal or general protections claim?
21 days after the dismissal took effect, not counting that day (Fair Work Act s 394(2)(a) for unfair dismissal, s 366(1)(a) for general protections). If day 21 falls on a weekend or a public holiday when the Commission is closed, the time runs to the next business day. A late application is only accepted in exceptional circumstances.
Can I make both an unfair dismissal and a general protections claim?
No. You can only run one claim about the same dismissal (Fair Work Act s 725; Form F2 question 1.7). Unfair dismissal suits a dismissal that was harsh, unjust or unreasonable. General protections suits a dismissal for a protected reason, such as a complaint you made, illness or injury, discrimination or union activity.
What does it cost to lodge?
The Commission's application fee for 2026-27 is $92.70. If paying it would cause you serious hardship, you can ask for a waiver on Form F80, lodged at the same time as your application.
Do I have to tell the Commission I used AI?
From 20 October 2026, yes, if you used generative AI to help prepare anything you lodge. You must state that GenAI was used and how, check every fact, case and quote yourself, and state that you did. A witness statement must be in the witness's own words. Not complying can mean your documents get less weight, a costs order, or your case being dismissed.
Is the claim pack written by AI?
No. The pack fills fixed templates from your answers, in your words. If you then use the advisor or any other AI tool to help with wording, the pack shows you the disclosure note to add.
Start now
It takes about 15 minutes with your dates and documents in front of you. Your answers stay on your device until you choose to download.
This tool provides general information and estimates only, based on the National Employment Standards (NES) and publicly available data from the Fair Work Commission. It does not constitute legal, financial, tax, or industrial relations advice and should not be relied upon as such. Results may not reflect your specific circumstances, award, enterprise agreement, or contract. Always verify results with the Fair Work Ombudsman (13 13 94) or a qualified professional before making decisions.