Getting fired unfairly is bad enough, but missing the window to fight it makes things worse. So, what are the steps to file an unfair dismissal claim in Australia?
In Australia, you only have 21 days to lodge an unfair dismissal claim with the Fair Work Commission. This article breaks down the process step by step from figuring out if you’re eligible, to preparing your application, to what happens after you file. If your termination doesn’t feel right, now’s the time to act.
A Quick Overview: Filing an Unfair Dismissal Claim
To file an unfair dismissal claim, you must:
- Confirm your eligibility under the Fair Work Act
- Lodge your application within 21 days of dismissal
- Submit Form F2 with supporting documents
- Participate in conciliation or a hearing
- Seek legal support for stronger outcomes
Each step has its own procedures and requirements, so let’s take a closer look at what you need to do.
Step 1: Confirm You Are Eligible
Before filing a claim, ensure that your circumstances meet the criteria for unfair dismissal under the Fair Work Act 2009 (Cth).
You must:
- Be an employee covered by the national workplace relations system
- Have completed the minimum employment period:
- 6 months if your employer has 15+ employees
- 12 months if your employer has fewer than 15 employees
- Lodge your claim within 21 days of dismissal (strict deadline)
- Earn below the high-income threshold, unless covered by an award or enterprise agreement
Casual employees can apply if they have worked regularly and systematically and had a reasonable expectation of ongoing work.
Step 2: Gather Key Information and Documents
To support your claim, collect all relevant information and documentation related to your employment and dismissal. This may include:
- Your employment contract or letter of offer
- Payslips and rosters
- Performance reviews or disciplinary records
- Correspondence related to your dismissal (emails, messages, letters)
- Witness statements (if available)
Clear records can help prove whether the dismissal was harsh, unjust or unreasonable.
Step 3: Complete Form F2 – Unfair Dismissal Application
This is the formal application form you must submit to the Fair Work Commission.
The form will ask for:
- Your personal and employment details
- Date and reason for dismissal
- Grounds for claiming the dismissal was unfair
- The remedy you are seeking (e.g. reinstatement or compensation)
Make sure your responses are accurate and detailed. Attach any supporting documents and a written statement of your case.
Step 4: Lodge Your Application with the Fair Work Commission
You can submit Form F2:
- Online via the Fair Work Commission’s website
- By post or in person at your nearest Commission office
There is a filing fee (subject to adjustment each year). If you are facing financial hardship, you can apply for a fee waiver.
Remember: You must lodge the application within 21 calendar days of your dismissal. Late submissions are rarely accepted unless exceptional circumstances apply.
Step 5: Participate in Conciliation
Once your claim is accepted, the Commission will contact both you and your employer to arrange a conciliation conference.
Conciliation is an informal process where a Fair Work conciliator helps both parties reach a mutual agreement. This may result in:
- Reinstatement of your job
- A financial settlement
- A mutual agreement to part ways
Most unfair dismissal cases are resolved at this stage without going to a formal hearing.
Step 6: Attend a Formal Hearing (If Conciliation Fails)
If conciliation doesn’t result in a resolution, your matter will proceed to a formal hearing before the Fair Work Commission.
At the hearing:
- Both parties present evidence and arguments
- Witnesses may be called
- The Commission makes a legally binding decision
Possible outcomes include reinstatement, compensation (capped at 26 weeks’ pay) or a dismissal of the claim.
What Can You Achieve from a Successful Claim?
If the Fair Work Commission finds your dismissal was unfair, you may be entitled to:
- Reinstatement to your previous position
- Compensation for lost income (up to 26 weeks)
- Payment of entitlements like unpaid wages or superannuation
It’s important to note that emotional distress or punitive damages are not available under unfair dismissal laws.
Common Pitfalls to Avoid
Filing an unfair dismissal claim can be a complex process. Avoid these common mistakes:
- Missing the 21-day deadline
- Providing incomplete documentation
- Failing to respond to Commission correspondence
- Not seeking legal advice early in the process
Legal professionals can help you avoid missteps that could weaken or invalidate your claim.
Should You Hire a Lawyer?
While you can file a claim on your own, working with an employment lawyer significantly improves your chances of success. A lawyer can:
- Review your case and eligibility
- Help prepare your application and documents
- Represent you during conciliation or hearings
- Negotiate favourable settlements on your behalf
Professional guidance ensures your rights are protected throughout the process.
Final Thoughts
Filing an unfair dismissal claim in Australia involves multiple steps, from confirming eligibility to lodging your application and attending conciliation or hearings. Acting quickly and preparing thoroughly can make all the difference.
If you’ve been dismissed and believe it was unjust, don’t hesitate to assert your rights. Take action within the legal timeframe and seek expert advice to guide your claim to a fair outcome.
Need Help Filing an Unfair Dismissal Claim?
At Rotstein Commercial Lawyers, our employment law experts can help you navigate every step of the unfair dismissal claim process. From assessing your eligibility to lodging your application and representing you at the Commission, we ensure your rights are protected and your case is presented with clarity and strength.
Call us on +61 3 9604 7888 or visit our Contact Us page to book a confidential consultation. Take the first step toward justice today.
