Key points
- You generally have 21 days from when the dismissal takes effect to lodge an unfair dismissal claim with the Fair Work Commission.
- You must have worked for the minimum period: generally 6 months, or 12 months for a small business employer.
- Late claims are only accepted in exceptional circumstances.
- Other claims, such as general protections, have their own time limits and requirements.
What is unfair dismissal?
A dismissal may be unfair if it was harsh, unjust or unreasonable. The Fair Work Commission considers factors such as whether there was a valid reason related to your conduct or capacity, whether you were told the reason and given a chance to respond, whether you were allowed a support person, and whether you’d been warned about unsatisfactory performance.
The 21-day time limit
An unfair dismissal application must generally be lodged within 21 days after the dismissal takes effect. The Commission can only accept a late application in exceptional circumstances, so don’t wait. If you’re unsure whether you have a claim, lodge on time and get advice.
Are you eligible?
- Minimum employment period: generally 6 months, or 12 months if your employer is a small business (fewer than 15 employees).
- Coverage: you must be covered by an award or enterprise agreement, or earn below the high income threshold.
- Small business employers: if the employer followed the Small Business Fair Dismissal Code, the dismissal is not treated as unfair.
- Genuine redundancy: a genuine redundancy is not an unfair dismissal, but it must meet legal requirements.
What happens after you lodge
- Your employer is given a copy and can respond, including raising any jurisdictional objections.
- Most matters go to a conciliation conference, where many are resolved by agreement.
- If not resolved, the matter can proceed to a hearing or conference before a Commission member.
Remedies can include reinstatement or compensation, which is capped.
Other options
If you were dismissed for a prohibited reason, such as taking leave, making a complaint, or because of a protected attribute, you may have a general protections claim instead. It also has a 21-day time limit for dismissal claims. Discrimination and contract claims are also possible in some cases.
What to do now
- Write down the date your dismissal took effect.
- Keep copies of your contract, payslips, termination letter and relevant messages.
- Get advice quickly, so you can lodge within time.
How we can help
Asher Freeman Lawyers advises employees and employers across Victoria on employment law, including unfair dismissal and general protections claims, conciliation and settlement.
Frequently asked questions
How long do I have to lodge an unfair dismissal claim?
Generally 21 days from when the dismissal takes effect. Late claims are only accepted in exceptional circumstances.
How long do I need to have worked to claim unfair dismissal?
Generally 6 months, or 12 months if your employer has fewer than 15 employees.
Is redundancy unfair dismissal?
A genuine redundancy is not unfair dismissal, but it must meet legal requirements, including consultation obligations where they apply.
What can I get from an unfair dismissal claim?
Remedies can include reinstatement or compensation, which is capped. Many claims settle at conciliation.
This article is general information about Victorian and Australian law as at 10 October 2026. It is not legal advice. Contact us for advice about your situation.
