Employment Law Advisors

You may only have 21 days. Here's exactly what that means.

← Back to Unfair Dismissal Lawyer
21 days. That's generally how long you have from when your dismissal takes effect to lodge an unfair dismissal claim with the Fair Work Commission. It's a strict deadline, not a guideline, and it keeps running whether or not you've decided what you want to do.

This is the single most important fact in this entire cluster, and it's easy to lose track of it while you're dealing with everything else that comes with being dismissed. Missing it can mean losing the right to claim altogether, regardless of how strong your case might have been.

What to do right now

  • Work out your actual dismissal date, this is when the clock starts, and it's not always obvious.
  • Get advice early, you don't need to have decided what you want before talking to someone.
  • Don't wait to "gather everything first." You can lodge and add detail as you go.
  • If you're close to, or past, the 21 days, get in touch immediately rather than assuming it's too late.

An extension is possible in exceptional circumstances, but it's genuinely difficult to get and shouldn't be relied on. Treat 21 days as the real deadline.

Common questions

From when your dismissal takes effect, which is usually your actual last day of employment, not necessarily the day you were told. If you're unsure which date applies to you, get advice rather than assuming.

The Fair Work Commission can extend the deadline in exceptional circumstances, but this is genuinely hard to get and not something to count on. Treat 21 days as a hard deadline, not a guideline.

Get in touch

Tell us what's happened and we'll connect you with the right employment lawyer or adviser.

Tell us what happened

Takes about two minutes. No long intake form, the detail comes later, once a real adviser is involved.

Get advice before the 21-day deadline