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.
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.
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)).
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.
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.
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.
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.
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.
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.
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.
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.
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.