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Unfair Dismissal in Victoria (VIC) 2026 — Your Rights & Entitlements

Last updated: March 2026

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

All Victorian employees (private and public) are covered by the national system following Victoria's referral of industrial relations powers to the Commonwealth in 1996.

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 VIC

  • ✓You must lodge an unfair dismissal claim within 21 days of dismissal
  • ✓The application fee is $83.30 (2025-26, indexed annually)
  • ✓Claims in VIC 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 Victoria?▼
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 Victorian employees (private and public) are covered by the national system following Victoria's referral of industrial relations powers to the Commonwealth in 1996.
What is the time limit for unfair dismissal claims in VIC?▼
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 Victoria?▼
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 Victorian employees (private and public) are covered by the national system following Victoria's referral of industrial relations powers to the Commonwealth in 1996.
What compensation can I get for unfair dismissal in VIC?▼
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 WalesQLDQueenslandWAWestern AustraliaSASouth AustraliaTASTasmaniaACTAustralian Capital TerritoryNTNorthern Territory

More Workplace Rights in VIC

Redundancy PayRedundancy Pay rights in VictoriaNotice PeriodNotice Period rights in VictoriaLong Service LeaveLong Service Leave rights in VictoriaWorkers CompensationWorkers Compensation rights in VictoriaPublic HolidaysPublic Holidays rights in Victoria

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.