Can I actually claim unfair dismissal? Here's what determines it.
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Eligibility for an unfair dismissal claim depends on a few specific factors, not just how unfair your dismissal felt. Getting this right early saves you from lodging a claim that gets knocked out on a technicality, or from missing a different, better option.
What generally determines eligibility
- You've worked the minimum employment period, six months, or twelve for a small business.
- You earn under the high-income threshold, or are covered by an award or enterprise agreement.
- You were actually dismissed, not made redundant, and didn't resign voluntarily.
- You lodge within 21 days of your dismissal taking effect.
If you're not sure whether you meet these, don't assume either way. Tell us your situation and we'll help you work out whether unfair dismissal fits, or whether a different claim is the better path.
Common questions
Generally six months, or twelve months if your employer is a small business (fewer than 15 employees). If you're under this, unfair dismissal usually isn't available, though other claims (like general protections) might still be.
It doesn't necessarily mean you have no options. General protections, discrimination, or a straightforward underpayment claim can all apply even where unfair dismissal doesn't, it depends on exactly what happened.
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Tell us what's happened and we'll connect you with the right employment lawyer or adviser.
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Takes about two minutes. No long intake form, the detail comes later, once a real adviser is involved.