Updated 13 November 2026. General information for people in Australia, not advice about your situation.
The big one: unfair dismissal and general protections dismissal claims must reach the Fair Work Commission within 21 days of the dismissal taking effect. Weekends count. Late claims are only accepted in exceptional circumstances.
Day one: write it down
While it's fresh, write down what happened. The date, who was in the room, what was said and what reason you were given. Note anything that happened in the weeks before, such as a complaint you made, a workers comp claim, time off sick or a request for flexible hours. These details often decide the case.
Keep everything
- Your termination letter, text or email. Screenshot it if it came by message.
- Your contract, any award or enterprise agreement you were under and your position description.
- Payslips, your last pay advice and any final payment.
- Warnings, performance reviews and emails about your work.
- Names and numbers of anyone who saw what happened.
Forward work emails to your personal account only if you are allowed to. Don't take confidential business documents. A solicitor can ask for them properly later.
Can you claim unfair dismissal?
Usually yes if all of these are true:
- You were dismissed. A forced resignation can count.
- You worked there at least six months, or twelve months if the business had fewer than 15 employees.
- You were covered by an award or enterprise agreement, or you earned under the high income threshold. The threshold is $190,100 for dismissals from 1 July 2026 and it changes every July.
- It wasn't a genuine redundancy.
If you don't tick every box, you may still have a general protections claim. That covers being sacked for a protected reason, such as making a complaint, being sick or injured, your age, pregnancy, family responsibilities or union membership. There is no minimum time in the job for that one. It has the same 21-day deadline.
What you could get
Most claims settle at an early conciliation meeting with the Commission. Outcomes include compensation, your job back, a neutral reference or a change to how the termination is recorded. Unfair dismissal compensation is capped at 26 weeks' pay or half the high income threshold, whichever is lower. General protections claims are not capped in the same way.
Check what you're owed anyway
Whatever the reason you left, you're still owed unpaid wages, accrued annual leave and any notice or redundancy pay in your contract or award. The Fair Work Ombudsman can help with underpayments for free.
This week
- Count 21 days from the day the dismissal took effect and put it in your phone.
- Gather the documents above.
- Don't sign a release or deed of settlement until someone has read it for you.
- Do the free case check. It takes about 15 minutes and flags your deadline.
Quick answers
How long do I have to lodge an unfair dismissal claim?
21 days from the day the dismissal took effect. Weekends and public holidays count. Late applications are only accepted in exceptional circumstances.
Can I claim if I was on probation?
A probation clause does not change the minimum employment period of six months, or twelve months for a small business. If you were sacked for a protected reason, a general protections claim may still be open.