PayTallyUnfair dismissal

Unfair dismissal checker: can you lodge a claim, and how long do you have?

Your details

Unfair dismissal needs a dismissal (s386): the employer ended the job, or forced you to resign.
How long had you worked there when you were told?
Continuous service up to the day you were given notice, or the dismissal if there was no notice (s383).
Employer size
Count everyone at the time, including you, regular casuals and related companies (s23).
Employment type
Most employees are covered by a modern award. If you are, earnings do not matter (s382(b)).
Wages and agreed benefits; not overtime, bonuses or super (s332). Only matters if no award or agreement covers you.
Your last day of employment. Used for the 21-day lodgement deadline (s394(2)).

How eligibility is checked

This checker applies the eligibility rules in Part 3-2 of the Fair Work Act 2009 (s382 to s394). It does not judge whether the dismissal was harsh, unjust or unreasonable; only the Fair Work Commission can do that. General information, not legal advice.

1. There has to be a dismissal

You were dismissed if your employer ended your employment, or if you resigned but were forced to because of your employer's conduct (s386(1)). A resignation of your own choice is not a dismissal, and nor is a fixed-term contract simply reaching its end date.

2. The minimum employment period

You must have completed the minimum employment period: 6 months, or 12 months if your employer is a small business with fewer than 15 employees (s383, s23). It is counted to the day you were given notice or, if earlier, the dismissal. Time as a casual counts only if you were a regular casual with a reasonable expectation of continuing employment on a regular and systematic basis (s384(2)).

3. Award, agreement or the high income threshold

You are protected if a modern award covers you, or an enterprise agreement applies to you, or your annual earnings are under the high income threshold (s382(b)). The threshold is indexed each 1 July. The last figure we confirmed is $183,100 for 2025-26; the law does not allow it to fall (s333(2)), so earnings below $183,100 are under the 2026-27 threshold too. Verify The 2026-27 figure was not loaded from fwc.gov.au on 8 November 2026; if you earn more than $183,100 and are award-free, check it.

4. 21 days to lodge

An application must reach the Fair Work Commission within 21 days after the dismissal took effect (s394(2)). Late applications are accepted only in exceptional circumstances (s394(3)). Lodge first, gather evidence after.

What the Commission then looks at

A dismissal is unfair if it was harsh, unjust or unreasonable, was not a genuine redundancy, and (for a small business) did not follow the Small Business Fair Dismissal Code (s385). A genuine redundancy means the job itself is no longer required, award consultation obligations were met and redeployment was not reasonable (s389). Remedies are reinstatement or compensation capped at 26 weeks' pay (s392). If you were dismissed for an unlawful reason, such as a protected attribute or exercising a workplace right, a general protections claim may apply instead, also within 21 days.

Frequently asked questions

Can I claim unfair dismissal if I was there less than 6 months?

Not under the unfair dismissal rules: the minimum employment period is 6 months (12 months for a small business employer with fewer than 15 employees). You may still have other claims, such as a general protections claim if the reason was unlawful, or a claim for unpaid entitlements, so get advice.

Do casuals get unfair dismissal protection?

Yes, if the casual work was regular and you had a reasonable expectation of continuing work on a regular and systematic basis (s384(2)(a)). That period then counts toward the 6 or 12 months. Genuinely irregular, ad hoc casual work does not count.

What is the high income threshold?

An annual earnings figure, indexed each 1 July, above which award-free employees cannot bring an unfair dismissal claim (s382(b)(iii)). The last figure we confirmed is $183,100 for 2025-26; the 2026-27 figure is published by the Fair Work Commission. If an award or agreement covers you, the threshold does not apply to you.

What if I missed the 21 days?

The Commission can allow a late application only in exceptional circumstances, considering the reason for the delay, when you learned of the dismissal, what you did to dispute it, prejudice to the employer, the merits and fairness to others (s394(3)). The bar is high, so lodge as soon as you can.

Does redundancy stop me claiming?

You can still apply, but a dismissal that was a genuine redundancy is not an unfair dismissal (s385(d)). It is not genuine if the job still exists in substance, the employer skipped consultation required by your award or agreement, or it would have been reasonable to redeploy you (s389). Separately, check your redundancy pay.

Sources

All checked 8 November 2026. Primary sources first. Not reloaded marks an official page our checker could not load on that date; the statement relies on the Act and earlier checks. Verify marks an indexed figure whose 2026-27 value we could not load.

  1. Fair Work Act 2009 (Cth), compilation C2026C00355 of 7 July 2026, loaded from the Federal Register of Legislation on 8 November 2026: legislation.gov.au/C2009A00028: s23 (small business employer), s332 and s333 (earnings and high income threshold), s382 to s389 (protection, minimum employment period, period of employment, unfair dismissal, genuine redundancy), s392 (compensation), s394 (application within 21 days).
  2. Fair Work Commission, Unfair dismissal eligibility and High income threshold. Not reloaded fwc.gov.au refused our checker (HTTP 403) on 8 November 2026; the 2025-26 figure of $183,100 is from our earlier check and the 2026-27 figure is unverified.
  3. Fair Work Ombudsman, Unfair dismissal, 13 13 94. Not reloaded fairwork.gov.au did not respond to our checker on 8 November 2026.