Unfair Dismissal in Education
Your unfair dismissal rights as a education worker in Australia, including your award entitlements, common issues, and how to lodge a claim with the Fair Work Commission.
Last verified: 1 July 2025Relevant Award
Educational Services (Teachers) Award 2020 / Educational Services (Schools General Staff) Award 2020 (MA000077 / MA000076)
Education employees are covered by different awards depending on whether they are teachers or general staff, and whether they work in government or non-government schools. Fixed-term contracts are common, and their non-renewal raises specific unfair dismissal issues. TAFE and university staff are typically covered by enterprise agreements.
Common Unfair Dismissal Issues in Education
- Non-renewal of fixed-term contracts used to circumvent unfair dismissal obligations
- Dismissal of teachers following parent complaints without proper investigation
- Dismissal related to student safeguarding allegations — balancing investigation with fairness
- Redundancy of teaching positions when student numbers decline
- Dismissal of casual relief teachers after long periods of regular engagement
Small Business Fair Dismissal Code
Small independent schools and childcare centres may qualify as small businesses. Government schools employ through the state department of education (a large employer), but individual school staffing decisions may still raise unfair dismissal issues.
Education Termination Rules
Notice Period
Under the NES, notice depends on length of service: 1 week (up to 1 year), 2 weeks (1-3 years), 3 weeks (3-5 years), or 4 weeks (5+ years). Employees aged 45+ with 2+ years of service get an extra week. Your award or enterprise agreement may provide longer notice.
Redundancy Pay
NES redundancy pay ranges from 4 weeks (1-2 years) up to 16 weeks (9-10 years). Small businesses (fewer than 15 employees) are exempt. Some education enterprise agreements provide more generous redundancy than the NES minimum.
Unfair Dismissal Eligibility
You must complete the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($175,000) unless covered by an award or enterprise agreement.
How to Lodge an Unfair Dismissal Claim
The FWC filing fee is $83.30 (2025-26). Teachers in government schools may need to use state-based employment tribunals rather than the FWC, depending on the state. Teaching unions (AEU, IEU) provide strong support for unfair dismissal matters.
- Check eligibility — minimum employment period, income threshold, and 21-day deadline.
- Gather evidence — employment contract, payslips, warnings, correspondence, and termination letter.
- Lodge online — file Form F2 (unfair dismissal application) through the FWC website.
- Pay the filing fee — $83.30 (2025-26). Fee waivers are available for financial hardship.
- Attend conciliation — a FWC conciliator will try to help you reach a settlement with your employer.
- Hearing (if needed) — if conciliation fails, the matter proceeds to a formal hearing before a Commissioner.
Time Limit to Lodge
21 days
From the date your dismissal takes effect. Strictly enforced.
FWC Filing Fee
$83.30
2025-26 fee. Fee waivers available for financial hardship.
Calculate Your Entitlements
Frequently Asked Questions
What award covers education workers in Australia?
Most education workers are covered by the Educational Services (Teachers) Award 2020 / Educational Services (Schools General Staff) Award 2020 (MA000077 / MA000076). However, some employees may be covered by an enterprise agreement or may be award-free. Check your employment contract or payslip for your applicable award.
Can I claim unfair dismissal as a education worker?
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for employers with 15+ employees, 12 months for small businesses), and earn below the high-income threshold ($175,000) unless covered by an award or enterprise agreement. You must lodge within 21 days of dismissal.
What is the FWC filing fee for unfair dismissal?
The FWC filing fee is $83.30 (2025-26). Teachers in government schools may need to use state-based employment tribunals rather than the FWC, depending on the state. Teaching unions (AEU, IEU) provide strong support for unfair dismissal matters.
Does the Small Business Fair Dismissal Code apply in education?
Small independent schools and childcare centres may qualify as small businesses. Government schools employ through the state department of education (a large employer), but individual school staffing decisions may still raise unfair dismissal issues.
What compensation can education workers get for unfair dismissal?
The Fair Work Commission can order reinstatement to your former position or compensation of up to 26 weeks' pay (based on your base rate of pay). The amount depends on factors including length of service, efforts to find new employment, and any misconduct. General protections claims have no compensation cap.
Other Industries
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.