Unfair Dismissal in Healthcare
Your unfair dismissal rights as a healthcare 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
Health Professionals and Support Services Award 2020 / Nurses Award 2020 (MA000027 / MA000034)
Healthcare employees are covered by several awards depending on their role — the Health Professionals Award, Nurses Award, or Aged Care Award. These awards have specific provisions for shift work, on-call arrangements, and overtime. Registered health practitioners also have professional registration obligations that interact with employment.
Common Unfair Dismissal Issues in Healthcare
- Dismissal for raising patient safety concerns or clinical governance issues
- Dismissal during or after returning from workers' compensation for needle-stick injuries
- Mandatory vaccination policies and dismissal for refusal
- Dismissal of aged care workers for making quality-of-care complaints
- Burnout-related performance issues leading to dismissal without support
Small Business Fair Dismissal Code
Many medical practices, allied health clinics, and small aged care facilities have fewer than 15 employees. However, hospitals and large aged care providers are typically large employers where the 6-month minimum employment period applies.
Healthcare 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 healthcare 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). Healthcare workers who raise patient safety concerns may also be protected under whistleblower legislation. Nursing and medical professional associations often provide employment law advice to members.
- 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 healthcare workers in Australia?
Most healthcare workers are covered by the Health Professionals and Support Services Award 2020 / Nurses Award 2020 (MA000027 / MA000034). 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 healthcare 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). Healthcare workers who raise patient safety concerns may also be protected under whistleblower legislation. Nursing and medical professional associations often provide employment law advice to members.
Does the Small Business Fair Dismissal Code apply in healthcare?
Many medical practices, allied health clinics, and small aged care facilities have fewer than 15 employees. However, hospitals and large aged care providers are typically large employers where the 6-month minimum employment period applies.
What compensation can healthcare 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.