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Genuine Redundancy Challenge Letter
FairWork
Mate
The 21-day clock and what to do first
21 days from dismissal
to lodge an unfair-dismissal or general-protections (involving dismissal) application with the Fair Work Commission. That clock does not pause for internal correspondence.
Genuine redundancy
(s.389 FW Act) is a complete defence to unfair dismissal. The three limbs: (1) role no longer required, (2) consultation, (3) reasonable redeployment considered.
Don't sign a deed of release
without taking your own advice. Most workplace lawyers offer a free first call.
Get the basis in writing.
The strongest first move is asking the employer to articulate the reason and the process so you (or a lawyer) can assess it.
Keep records.
Save every email, every meeting note, every screenshot. Send from your personal email so you have records outside the company system.
Your details
Your name
Role title
Email
Phone
Address
Date you started in the role
Who you're sending it to
Recipient name (HR / senior manager)
Recipient title
Employer name
Employer address
Stage
I haven't left yet — challenge before I sign off (recommended)
You've been told the role is being made redundant but haven't left or signed any deed of release. Strongest position — you're asking for the basis in writing before the redundancy is finalised.
I've already left — preserve my rights
The redundancy has taken effect. The letter preserves your position and asks for the information you'd need to consider an unfair-dismissal or general-protections application. The 21-day FWC clock starts from the date of dismissal.
The redundancy
Date you were notified
Proposed last day
Reason given for the redundancy (one sentence)
Was a consultation step actually followed (notice + opportunity to discuss + feedback considered)?
If unchecked, the letter requests the consultation history in writing.
Was redeployment to another role offered?
If unchecked, the letter requests the redeployment search history.
Concerns to raise (tick what applies)
The work is still being performed (just by other people in the team)
A new person is being / will be recruited into the role
The role is being outsourced to a contractor or third party
I'm concerned the selection over other employees was not fair
Custom concern (optional)
What to request
Request copies of role descriptions / job ads that overlap with my role
Request a copy of the selection criteria
Request a summary of the redeployment search
Request an extension to the proposed last day for advice
Useful if you need time to consult a lawyer before signing a deed of release.
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