Your unfair dismissal rights, notice period, redundancy pay, and compensation entitlements after 2 years of continuous service in Australia.
Last verified: 21 May 2026With 2 years of continuous service, you are eligible to claim unfair dismissal with either large or small business employers. You have strong entitlements to notice and potentially redundancy pay.
You are likely eligible to claim unfair dismissal
You meet the minimum employment period for non-small-business employers (6 months). For small business employers (fewer than 15 employees), the minimum is 12 months.
| Employer Type | Minimum Period | Your Status |
|---|---|---|
| Large business (15+ employees) | 6 months | Eligible |
| Small business (<15 employees) | 12 months | Eligible |
| Years of Service | Notice Period |
|---|---|
| Not more than 1 year | 1 week |
| More than 1 year but not more than 3 years ← You | 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.
| Years of Service | Redundancy Pay |
|---|---|
| 1–2 years | 4 weeks |
| 2–3 years ← You | 6 weeks |
| 3–4 years | 7 weeks |
| 4–5 years | 8 weeks |
| 5–6 years | 10 weeks |
| 6–7 years | 11 weeks |
| 7–8 years | 13 weeks |
| 8–9 years | 14 weeks |
| 9–10 years | 16 weeks |
| 10+ years | 12 weeks |
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.
Yes. After 2 years of continuous service, you are eligible to claim unfair dismissal regardless of whether your employer is a small or large business. You must lodge within 21 days of dismissal.
Under the National Employment Standards (NES s117), you are entitled to 2 weeks of notice. Employees aged 45 or over with at least 2 years of service receive an additional week.
Under the NES (s119), you are entitled to 6 weeks of redundancy pay based on your base rate of pay. Small businesses with fewer than 15 employees are exempt from redundancy pay.
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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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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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