For employees
Unfair dismissal claim: do you need a lawyer, and what happens next
You have been dismissed and you think it was harsh, unjust or unreasonable. That is the test the Fair Work Commission applies to an unfair dismissal claim. The clock is short. This page sets out the deadline, the eligibility rules, what the process actually looks like from lodgement to conciliation, and how to decide whether paying a lawyer is worth it in your case or whether the free route will do.
Updated . General information, not legal advice.
Time limits that apply
| What | Limit | Source |
|---|---|---|
| Lodge the unfair dismissal application (Form F2) | 21 days from the dismissal taking effect | Fair Work Act s 394(2) |
| Commission application fee (2026-27) | $92.70, waivable for serious financial hardship | fwc.gov.au/apply-or-lodge/fees-and-costs |
| Employer's response to the Commission (Form F3) | Within 7 days of being told about the claim | Fair Work Commission, responding to an unfair dismissal claim |
Do you need a lawyer for this?
Advice usually pays for itself when
- Your employer has a lawyer or an HR firm running the response and you are being asked to agree to a deed or a settlement figure.
- Money matters: you earned well, you were close to the compensation cap, or reinstatement is what you actually want and the employer is fighting it.
- There is a real argument about eligibility, such as whether you were a casual, whether the six-month minimum period was met, or whether you were covered by an award.
- The dismissal came after you complained, took leave, or raised a safety issue. That may be a general protections matter instead, and choosing the wrong claim is hard to undo.
The free route is usually enough when
- The facts are simple, the employer is small and unrepresented, and you mainly want the Commission's conciliation to produce an apology or a modest payment.
- You are comfortable filling in the form, meeting the 21-day deadline, and speaking for yourself in a phone conference.
- Your main question is the amount of notice or final pay you are owed, which the free calculators answer without a claim.
Who can make an unfair dismissal claim?
Three gates. You must have been employed for at least six months, or twelve months if the employer had fewer than fifteen employees at the time. You must be covered by the national system, which most private-sector employees are. And if you were not covered by a modern award or an enterprise agreement, your earnings must have been under the high income threshold, which is $190,100 a year for dismissals on or after 1 July 2026 (it was $183,100 up to 30 June 2026). Most people clear all three without noticing. The ones who get caught are casuals who cannot show regular and systematic work, people dismissed a week before the six-month mark, and managers on a salary above the threshold with no award coverage. If you are anywhere near one of those lines, that alone is a reason to get advice before lodging.
What does the Commission actually decide?
Whether the dismissal was harsh, unjust or unreasonable. In practice the Commission asks whether there was a valid reason connected to your capacity or conduct, whether you were told that reason, whether you had a chance to respond, whether you were unreasonably refused a support person, and whether you were warned about performance before being dismissed for it. It also looks at the size of the business and whether it had HR expertise. A small employer that skipped a formal process is judged more gently than a large one with an HR department. The outcome is not a finding that your boss is a bad person. It is a finding about process and reason, which is why cases that feel obviously unfair sometimes fail, and cases that feel marginal sometimes succeed.
What happens after I lodge?
The Commission sends the application to the employer, who is asked to respond within seven days. A conciliation is then listed, usually by phone, with a Commission conciliator who talks to each side separately and together and tries to broker an agreement. A large share of claims settle here, typically for a payment and sometimes a statement of service. If it does not settle, the matter goes to a hearing before a Commission member, with evidence and witnesses. Conciliation can happen within weeks of lodging. A hearing takes months. The $92.70 application fee is paid when you lodge, and the Commission can waive it if you are in serious financial hardship.
What can I get if I win?
Reinstatement is the primary remedy in the Act, and compensation is what the Commission orders when reinstatement is not appropriate, which is most of the time. Compensation is capped at the lesser of 26 weeks of your pay or half the high income threshold, so $95,050 for a dismissal on or after 1 July 2026. Within that cap the Commission works from what you would likely have earned had you not been dismissed, then deducts what you have earned since and adjusts for your own conduct and the employer's situation. Compensation for hurt feelings is not available in this jurisdiction. That is a big reason the settlement numbers at conciliation tend to be a few weeks' pay rather than a life-changing sum.
When does a lawyer pay for itself?
When the money at stake is high enough that a better-argued case, or a better-negotiated settlement, covers the fee several times over. When the employer has representation and you are facing a deed of release you do not understand. When eligibility is arguable. And when the dismissal followed a complaint, leave, or a safety report, because that may be a general protections matter with no compensation cap and a reverse onus of proof, and a lawyer will tell you which door to walk through before you lodge. Liquid Employment Lawyers is FairWork Mate's paid legal partner for exactly these situations. It is a law firm, not free government help, and they discuss scope and any fees with you directly before you commit to anything.
What is the free route?
The Fair Work Ombudsman on 13 13 94 gives free information about your entitlements and can help with unpaid wages and final pay, though it does not run unfair dismissal claims. The Commission's own process is designed for people without lawyers, and its conciliators deal with unrepresented parties every day. FairWork Mate's tools are free: the unfair dismissal checker walks the eligibility gates, the payout estimator gives a realistic range, and the conciliation walkthrough explains what to say on the day. Many people run a modest claim to a settlement with nothing more than those, a clear timeline of events, and copies of every letter and message.
Free FairWork Mate tools for this
Talk to Liquid Employment Lawyers about this
Share a few details and their team will be in touch to talk it through. No obligation, and you decide whether to go further after that first conversation.
Liquid Employment Lawyers is an Australian employment law firm and FairWork Mate's paid referral partner, not free Fair Work advice. They discuss scope and any fees with you directly. FairWork Mate is not affiliated with the Fair Work Commission or the Fair Work Ombudsman. For free general guidance, use the tools above or call the Fair Work Ombudsman on 13 13 94.
Prefer to read about the partnership first? About Liquid Employment Lawyers
Common questions
Can I get an extension on the 21 days?
Only in exceptional circumstances, and the Commission refuses most requests. Being upset, not knowing the deadline, or waiting to hear back from the employer are not usually enough. Treat 21 days as fixed and lodge even if you are still deciding whether to pursue it. You can withdraw later.
Do I need a lawyer to lodge?
No. Form F2 is written for people representing themselves and the conciliation is informal. Whether a lawyer improves your outcome depends on how much is at stake and how complicated the facts are, which is what the triage above is for.
Will I have to pay the employer's costs if I lose?
The Commission's usual position is that each side pays its own costs. Cost orders are unusual and are aimed at claims that were unreasonable to bring or to continue. A lawyer can tell you whether anything in your case raises that risk.
Is Liquid Employment Lawyers free?
No. Liquid Employment Lawyers is an Australian employment law firm and FairWork Mate's paid referral partner. Enquiring through FairWork Mate costs nothing and there is no obligation, and they explain their fees before any work starts. The free official route is the Fair Work Ombudsman on 13 13 94 and the Commission's own conciliation process.
What if I was made redundant rather than fired?
A genuine redundancy is a complete answer to an unfair dismissal claim, but only if the job was really no longer required, the consultation rules in your award or agreement were followed, and redeployment was not reasonable. If any of those is doubtful, see the guide on challenging a redundancy.
Official sources
FairWork Mate AI
Want a second opinion on your facts first?
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 $4.99 Day Pass covers 25 questions for 24 hours. See plans
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 legal help
Dismissed or punished for complaining, taking leave or a workplace right? 21 days if dismissed, no compensation cap, reverse onus. When advice pays off.
Forced to resign: constructive dismissal and whether you need a lawyerResigned because you had no real choice? A forced resignation can count as a dismissal, but the 21-day clock still runs and the proof is on you. Lawyer or not?
Dismissed by a small business: the 12-month rule, the Code, and your optionsUnder 15 employees means a 12-month qualifying period and the Small Business Fair Dismissal Code. What still applies, what does not, and when advice pays off.
Deed of release: what you sign away, and whether a lawyer should read it firstA deed of release ends your right to claim in exchange for a payment. Once signed, it is very hard to undo. What to check, and when a review pays for itself.