Unfair Dismissal — 4 Years of Service
Your unfair dismissal rights, notice period, redundancy pay, and compensation entitlements after 4 years of continuous service in Australia.
Last verified: 1 July 2025Quick Answer
With 4 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 Type | Minimum Period | Your Status |
|---|---|---|
| Large business (15+ employees) | 6 months | Eligible |
| Small business (<15 employees) | 12 months | Eligible |
Notice Period Entitlement
| Years of Service | Notice Period |
|---|---|
| Not more than 1 year | 1 week |
| More than 1 year but not more than 3 years | 2 weeks |
| More than 3 years but not more than 5 years ← You | 3 weeks |
| More than 5 years | 4 weeks |
Employees aged 45+ with at least 2 years of service receive an additional week of notice.
Redundancy Pay Entitlement
| Years of Service | Redundancy Pay |
|---|---|
| 1–2 years | 4 weeks |
| 2–3 years | 6 weeks |
| 3–4 years | 7 weeks |
| 4–5 years ← You | 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 |
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
- Act quickly — you only have 21 calendar days to lodge an unfair dismissal application with the Fair Work Commission.
- Gather evidence — collect employment contracts, payslips, correspondence, performance reviews, and warning letters.
- Check your entitlements — ensure you receive correct notice pay, redundancy pay (if applicable), and accrued leave payouts.
- Lodge online — file your unfair dismissal application through the FWC website. The filing fee is $83.30 (2025-26).
- Seek advice — contact your union, a community legal centre, or an employment lawyer for guidance.
Calculate Your Entitlements
Frequently Asked Questions
Can I claim unfair dismissal after 4 years of service?
Yes. After 4 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 4 years?
Under the National Employment Standards (NES s117), you are entitled to 3 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 4 years?
Under the NES (s119), you are entitled to 8 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.
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.