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Unfair Dismissal in New South Wales (NSW) 2026 — Your Rights & Entitlements

Last updated: March 2026

Unfair dismissal protections in New South Wales are primarily handled by the Fair Work Commission (FWC) under the Fair Work Act 2009.

All NSW private sector employees are covered by the national unfair dismissal system under the Fair Work Act 2009. NSW public sector employees may have additional protections under the Government Sector Employment Act 2013.

To make an unfair dismissal claim, you must lodge your application with the Fair Work Commission within 21 days of your dismissal taking effect. The Commission will first attempt conciliation, and if that fails, the matter may proceed to a hearing.

Key Facts: Unfair Dismissal in NSW

  • ✓You must lodge an unfair dismissal claim within 21 days of dismissal
  • ✓The application fee is $83.30 (2025-26, indexed annually)
  • ✓Claims in NSW are handled by the Fair Work Commission (FWC)
  • ✓You must have completed the minimum employment period (6 months, or 12 months for small businesses)
  • ✓You must earn below the high income threshold ($175,000 in 2025-26) or be covered by an award/agreement
  • ✓Casual employees can claim only if employment was regular and systematic with a reasonable expectation of ongoing work
  • ✓Maximum compensation is 26 weeks' pay (capped at half the high income threshold)
  • ✓Reinstatement is the primary remedy, but compensation is more commonly awarded

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Frequently Asked Questions

How do I make an unfair dismissal claim in New South Wales?▼
Lodge an application with the Fair Work Commission (FWC) within 21 days of your dismissal. You can apply online at fwc.gov.au. The current filing fee is $83.30. All NSW private sector employees are covered by the national unfair dismissal system under the Fair Work Act 2009. NSW public sector employees may have additional protections under the Government Sector Employment Act 2013.
What is the time limit for unfair dismissal claims in NSW?▼
You have exactly 21 calendar days from the date your dismissal takes effect to lodge your application. This deadline is strictly enforced, and extensions are only granted in exceptional circumstances.
Am I eligible for unfair dismissal protection in New South Wales?▼
To be eligible, you must: have completed the minimum employment period (6 months, or 12 months for small business employees), earn below the high income threshold ($175,000) or be covered by an award or enterprise agreement, and be a national system employee. All NSW private sector employees are covered by the national unfair dismissal system under the Fair Work Act 2009. NSW public sector employees may have additional protections under the Government Sector Employment Act 2013.
What compensation can I get for unfair dismissal in NSW?▼
The maximum compensation is 26 weeks' pay, capped at half the high income threshold. The FWC considers factors including the length of your service, your remuneration, the efforts you've made to find new employment, and the employer's conduct. Reinstatement is the primary remedy but is less commonly ordered.

Unfair Dismissal in Other States

VICVictoriaQLDQueenslandWAWestern AustraliaSASouth AustraliaTASTasmaniaACTAustralian Capital TerritoryNTNorthern Territory

More Workplace Rights in NSW

Redundancy PayRedundancy Pay rights in New South WalesNotice PeriodNotice Period rights in New South WalesLong Service LeaveLong Service Leave rights in New South WalesWorkers CompensationWorkers Compensation rights in New South WalesPublic HolidaysPublic Holidays rights in New South Wales

General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.