Who can claim unfair dismissal in Australia?

To claim unfair dismissal, you must have completed the minimum employment period: 6 months for employers with 15 or more employees, or 12 months for small businesses (fewer than 15 employees). You must also earn below the high-income threshold ($175,000 in 2025-26) or be covered by a Modern Award or enterprise agreement. Casual employees must have been employed on a regular and systematic basis with a reasonable expectation of continuing employment.

How long do I have to claim unfair dismissal?

You must lodge your unfair dismissal application with the Fair Work Commission within 21 calendar days of the dismissal taking effect. This deadline is strictly enforced and extensions are only granted in exceptional circumstances. If you think you've been unfairly dismissed, don't delay — act within the first week to give yourself time to prepare your application.

Can a casual employee claim unfair dismissal?

Yes, but only if you were employed as a casual on a regular and systematic basis and had a reasonable expectation of continuing employment. Irregular or ad-hoc casuals are generally not eligible. You must also meet the minimum employment period (6 months, or 12 months for small businesses).

What is the minimum employment period for unfair dismissal?

The minimum employment period is 6 months for employees of large businesses (15 or more employees) and 12 months for employees of small businesses (fewer than 15 employees). This period must be completed before the dismissal takes effect. Time worked as a casual counts if the employment was regular and systematic.

What happens if I miss the 21-day deadline for unfair dismissal?

If you miss the 21-day deadline, you can apply for an extension, but the Fair Work Commission only grants these in exceptional circumstances. You'll need to show a valid reason for the delay and that it would be unfair not to allow the late application. In practice, most late applications are refused, so it's critical to lodge within 21 days.

Is being made redundant the same as unfair dismissal?

Not necessarily. A genuine redundancy is not considered an unfair dismissal. However, if the redundancy is not genuine — for example, if someone else is hired to do your job, or the employer didn't follow proper consultation requirements — you may be able to claim unfair dismissal. This is sometimes called a 'sham redundancy'.

Can I Claim Unfair Dismissal?

Been fired or let go and not sure where you stand? Answer five quick questions and we'll tell you whether you're likely eligible to make an unfair dismissal claim — and what to do next.

Last verified: 1 July 2025

Unfair dismissal eligibility pathway: minimum service period, income threshold check, dismissal reason, and the strict 21-day Fair Work Commission application window

Question 1 of 5

How long did you work for this employer?

Count from your start date to the date you were dismissed.

Less than 6 months6 to 12 monthsMore than 12 months

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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.

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