Unfair Dismissal in Hospitality
Your unfair dismissal rights as a hospitality 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
Hospitality Industry (General) Award 2020 (MA000009)
The Hospitality Award covers hotels, restaurants, cafes, catering, and clubs. It has specific provisions for split shifts, overtime, and penalty rates. Casual employees must receive a minimum of 2 hours per engagement. The award includes unique provisions about tips and gratuities, accommodation, and meals.
Common Unfair Dismissal Issues in Hospitality
- Dismissal for raising concerns about unpaid penalty rates or overtime
- Sham contracting — being engaged as an ABN contractor when actually an employee
- Dismissal without warnings in high-turnover hospitality environments
- Visa-holder employees dismissed and threatened with immigration reporting
- Dismissal for refusing to work in unsafe kitchen or service conditions
Small Business Fair Dismissal Code
The hospitality industry has a very high proportion of small businesses. Many restaurants, cafes, and bars have fewer than 15 employees. The Small Business Fair Dismissal Code is frequently relevant, and employers often rely on it — sometimes incorrectly.
Hospitality 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 hospitality 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). Hospitality workers who are visa holders have the same unfair dismissal rights as Australian citizens. Language barriers do not prevent filing — the FWC can arrange interpreters. Community legal centres often assist hospitality workers.
- 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 hospitality workers in Australia?
Most hospitality workers are covered by the Hospitality Industry (General) Award 2020 (MA000009). 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 hospitality 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). Hospitality workers who are visa holders have the same unfair dismissal rights as Australian citizens. Language barriers do not prevent filing — the FWC can arrange interpreters. Community legal centres often assist hospitality workers.
Does the Small Business Fair Dismissal Code apply in hospitality?
The hospitality industry has a very high proportion of small businesses. Many restaurants, cafes, and bars have fewer than 15 employees. The Small Business Fair Dismissal Code is frequently relevant, and employers often rely on it — sometimes incorrectly.
What compensation can hospitality 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.