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Unfair Dismissal — 20 Years of Service

Your unfair dismissal rights, notice period, redundancy pay, and compensation entitlements after 20 years of continuous service in Australia.

Last verified: 21 May 2026

Quick Answer

With 20 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.

Can You Claim Unfair Dismissal?

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.

Minimum Employment Period

Employer TypeMinimum PeriodYour Status
Large business (15+ employees)6 monthsEligible
Small business (<15 employees)12 monthsEligible

Notice Period Entitlement

Years of ServiceNotice Period
Not more than 1 year1 week
More than 1 year but not more than 3 years2 weeks
More than 3 years but not more than 5 years3 weeks
More than 5 years ← You4 weeks

Employees aged 45+ with at least 2 years of service receive an additional week of notice.

Redundancy Pay Entitlement

Years of ServiceRedundancy Pay
1–2 years4 weeks
2–3 years6 weeks
3–4 years7 weeks
4–5 years8 weeks
5–6 years10 weeks
6–7 years11 weeks
7–8 years13 weeks
8–9 years14 weeks
9–10 years16 weeks
10+ years ← You12 weeks

Time Limit to Lodge

21 days

From the date your dismissal takes effect. This deadline is strictly enforced by the FWC.

Maximum Compensation

26 weeks’ pay

Based on your base rate of pay, or half the high-income threshold — whichever is lower.

What to Do If You’ve Been Dismissed

  1. Act quickly — you only have 21 calendar days to lodge an unfair dismissal application with the Fair Work Commission.
  2. Gather evidence — collect employment contracts, payslips, correspondence, performance reviews, and warning letters.
  3. Check your entitlements — ensure you receive correct notice pay, redundancy pay (if applicable), and accrued leave payouts.
  4. Lodge online — file your unfair dismissal application through the FWC website. The filing fee is $83.30 (2025-26).
  5. Seek advice — contact your union, a community legal centre, or an employment lawyer for guidance.

Frequently Asked Questions

Can I claim unfair dismissal after 20 years of service?

Yes. After 20 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.

What notice period am I entitled to after 20 years?

Under the National Employment Standards (NES s117), you are entitled to 4 weeks of notice. Employees aged 45 or over with at least 2 years of service receive an additional week.

What redundancy pay do I get after 20 years?

Under the NES (s119), you are entitled to 12 weeks of redundancy pay based on your base rate of pay. Small businesses with fewer than 15 employees are exempt from redundancy pay.

How long do I have to lodge an unfair dismissal claim?

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.

What compensation can I receive for unfair dismissal?

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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