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Unfair Dismissal in South Australia (SA) 2026 — Your Rights & Entitlements

Last updated: March 2026

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

Most SA employees are in the national system following the referral of powers. SA public sector employees may have additional protections and grievance processes under the Public Sector Act 2009.

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 SA

  • ✓You must lodge an unfair dismissal claim within 21 days of dismissal
  • ✓The application fee is $83.30 (2025-26, indexed annually)
  • ✓Claims in SA 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 South Australia?▼
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. Most SA employees are in the national system following the referral of powers. SA public sector employees may have additional protections and grievance processes under the Public Sector Act 2009.
What is the time limit for unfair dismissal claims in SA?▼
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 South Australia?▼
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. Most SA employees are in the national system following the referral of powers. SA public sector employees may have additional protections and grievance processes under the Public Sector Act 2009.
What compensation can I get for unfair dismissal in SA?▼
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

NSWNew South WalesVICVictoriaQLDQueenslandWAWestern AustraliaTASTasmaniaACTAustralian Capital TerritoryNTNorthern Territory

More Workplace Rights in SA

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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.