Employment Law

The time limit for making a dismissal related application in the Fair Work Commission is twenty-one (21) days from the date that your dismissal takes effect. This is a very strict timeframe and applications outside this timeframe will only be considered in exceptional circumstances. It is very important to get legal advice as soon as possible and lodge in time.

There are factors set out in the Fair Work Act that are used to establish whether a dismissal was harsh, unjust or unreasonable. These factors include:

• Whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and welfare of other employees)
• Whether the person was notified of that reason
• Whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person
• Any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal
• If the dismissal related to unsatisfactory performance by the person – whether the person had been warned about that unsatisfactory performance before the dismissal
• The degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal
• The degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal, and
• Any other matters that the Commission considers relevant.

If you have been unfairly dismissed from your employment, you might be able to make an Unfair Dismissal claim in the Fair Work Commission if you:

• have completed the minimum employment period of six months (or 12 months if the employer is a ‘small business’ with fewer than 15 employees).
• earned below the high-income threshold, which is $183,100 (as of 1 July 2025).

• are a national systems employee (not employed by state or local government, or an independent contractor – different rules apply).

You may be excluded from making a claim if:

• you were made redundant and it was a genuine redundancy
• your dismissal was consistent with the Small Business Fair Dismissals Code

Speak to our experienced employment lawyers to assess your eligibility.

The general protections provisions of the Fair Work Act protect:

• Employees and potential employees
• Employees of labour hire companies or recruitment agencies
• Contractors
• Employers and potential employers

You might not be protected by the general protections if you work for a state government department or a local government body. You can contact us to find out about your eligibility.

The general protections laws protect against

• harmful (adverse) action
• coercion
• undue influence or pressure
• misrepresentation

When these things are done for protected reasons, like:

• because you used your workplace rights (such as taking leave)
• because of your age, sex, disability or another discriminatory reason
• because you are away from work sick or injured

If you are unsure whether the general protections laws would cover you, call us to check your options before deadlines pass.

No, you must usually only lodge one application arising out of the same circumstances.

There are advantages and disadvantages to the different types of claims and the option that is best for you will depend on your unique circumstances.

We recommend you speak with one of our experienced employment lawyers to find out which options suits you best.

Discrimination happens when you a treated worse than someone else because of something about you, like your:

• sex
• age
• race
• relationship status
• pregnancy
• breastfeeding
• family responsibilities
• impairment
• religious belief or religious activity
• political belief or activity
• sexuality

These are referred to as “protected attributes”. Workplace discrimination can occur in any aspect of work, like a recruitment process, how employment is ended and in the terms of conditions of work.