Thinking about an unfair dismissal claim? Here's what's actually involved.
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An unfair dismissal claim asks the Fair Work Commission to look at whether your dismissal was harsh, unjust, or unreasonable, not simply whether you disagree with it. That covers things like whether there was a genuine reason, whether you were given a fair go to respond, and whether the outcome fit the situation.
What a claim generally involves
- Lodging within 21 days of your dismissal taking effect, this is strict.
- An eligibility check, minimum employment period, income threshold, and other factors all matter.
- Usually a conciliation conference first, before any formal hearing.
- A remedy of reinstatement or compensation, if your claim succeeds, capped and based on your circumstances.
The details of your dismissal, what was said, what process (if any) was followed, and your employment history, all shape whether a claim is realistic. Tell us what happened and we'll help you work out where you stand.
Common questions
No, you can lodge a claim yourself with the Fair Work Commission, but getting advice first helps you understand whether you have a realistic case and avoid mistakes that are hard to fix once lodged.
Most claims go to a conciliation conference first, an informal, confidential meeting to try to resolve things without a hearing. Most cases settle at this stage.
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.