Your unfair dismissal rights, notice period, redundancy pay, and compensation entitlements after less than 1 year of continuous service in Australia.
Last verified: 21 May 2026With less than 6 months of service, you generally cannot claim unfair dismissal unless you work for a large employer and have completed the probationary period. However, you may still have general protections under the Fair Work Act.
You may not be eligible for unfair dismissal
You have not yet completed the minimum employment period of 6 months required to claim unfair dismissal. For small business employers, the minimum is 12 months.
| Employer Type | Minimum Period | Your Status |
|---|---|---|
| Large business (15+ employees) | 6 months | Not yet eligible |
| Small business (<15 employees) | 12 months | Not yet eligible |
| Years of Service | Notice Period |
|---|---|
| Not more than 1 year ← You | 1 week |
| More than 1 year but not more than 3 years | 2 weeks |
| More than 3 years but not more than 5 years | 3 weeks |
| More than 5 years | 4 weeks |
Employees aged 45+ with at least 2 years of service receive an additional week of notice.
Employees with less than 1 year of service are not entitled to redundancy pay under the NES. Small businesses (fewer than 15 employees) are also exempt from redundancy pay obligations.
21 days
From the date your dismissal takes effect. This deadline is strictly enforced by the FWC.
26 weeks’ pay
Based on your base rate of pay, or half the high-income threshold — whichever is lower.
Generally, you need at least 6 months of continuous service to claim unfair dismissal (12 months for small business employers with fewer than 15 employees). However, general protections claims have no minimum service requirement.
Under the National Employment Standards (NES s117), you are entitled to 1 week of notice. Employees aged 45 or over with at least 2 years of service receive an additional week.
Employees with less than 1 year of service are not entitled to redundancy pay under the NES. Small businesses (fewer than 15 employees) are also exempt from redundancy pay obligations.
You have 21 calendar days from the date your dismissal took effect to lodge an unfair dismissal application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
The maximum compensation for unfair dismissal is 26 weeks' pay (based on your base rate of pay at the time of dismissal) or half the high-income threshold, whichever is lower. The FWC can also order reinstatement to your former position.
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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.
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