Unfair Dismissal in Technology
Your unfair dismissal rights as a technology 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
Professional Employees Award 2020 (or Award-Free) (MA000065 (if applicable))
Many technology employees are award-free, meaning they rely on their employment contract and the NES for minimum entitlements. The high-income threshold ($175,000 for 2025-26) is particularly relevant as many tech employees earn above it. Those earning above the threshold cannot claim unfair dismissal unless covered by an award or enterprise agreement.
Common Unfair Dismissal Issues in Technology
- Mass layoffs framed as redundancy during tech industry downturns
- Performance improvement plans (PIPs) used to build a paper trail before pre-determined dismissal
- Dismissal of employees during or shortly after parental leave
- Contractors treated as employees but denied unfair dismissal rights
- Restrictive post-employment restraints used to pressure employees into accepting unfair terms
Small Business Fair Dismissal Code
Startups and small tech companies frequently have fewer than 15 employees. The 12-month minimum employment period under the Small Business Fair Dismissal Code is significant in an industry with high turnover.
Technology 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 technology 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). Tech workers earning above $175,000 should check whether they are covered by an award — if not, unfair dismissal is unavailable but general protections claims (no income cap) remain an option. Professionals Australia union covers some tech 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 technology workers in Australia?
Most technology workers are covered by the Professional Employees Award 2020 (or Award-Free) (MA000065 (if applicable)). 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 technology 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). Tech workers earning above $175,000 should check whether they are covered by an award — if not, unfair dismissal is unavailable but general protections claims (no income cap) remain an option. Professionals Australia union covers some tech workers.
Does the Small Business Fair Dismissal Code apply in technology?
Startups and small tech companies frequently have fewer than 15 employees. The 12-month minimum employment period under the Small Business Fair Dismissal Code is significant in an industry with high turnover.
What compensation can technology 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.