​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Do you earn too much?

If you earn over a certain amount (known as the 'high-income threshold') you may not be able to make an unfair dismissal application. The high-income threshold is $138​,900 (as at 1 July 2016). You can check what the current high-income threshold is on the Fair Work Commis​sion website.

You cannot make an application if you earn more than the high-income threshold, unless:

  • you are covered by a modern award, or
  • you are covered by an enterprise agreement.

Hint iconA modern award is a 'statutory instrument' (a law) that sets minimum terms and conditions of employment. You can search for Modern Awards on the Fair Wor​k Commission website.

Hint iconAn enterprise agreement is an agreement between employers and employees about terms and conditions of employment. You can search for Enterprise Agreements on the Fair Work Commission ​website.

Your 'earnings' can include:

  1. wages and salary
  2. amounts paid by your employer for you, such as rent, lease payments on a car, or gym memberships
  3. the money value of non-cash benefits (for example a company car).

Generally, your earnings won't include:

  • reimbursements
  • compulsory superannuation payments made by an employer
  • payments that can't be worked out in advance (for example commissions, bonuses or overtime payments).

Alert IconIf you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed. If you are not sure what you earn, or whether you are covered by a modern award or enterprise agreement, you should get legal advice.

Case study - IsadoraCase study icon

Isadora works as a heavy vehicle mechanic for a mining company. She is paid $101,000 a year, and also has a company car, the use of a holiday apartment on the Gold Coast for up to 7 days a year and a gym membership. Isadora is also paid a bonus at the end of each year. The amount of the bonus depends on the profits made by the company. After 4 years of service, Isadora was told that she was being dismissed.

Isadora can make an application if the total of her wages plus the money value of the non-monetary benefits, such as the car, holiday apartment and gym membership, are not more than the high-income threshold. The yearly bonus would not usually be included in this figure, because it can't be worked out in advance. Even if Isadora's earnings are more than the high-income threshold, she will still be able to make an unfair dismissal application if she is covered by a modern award or enterprise agreement.​

Alert IconIf you are not able to make an unfair dismissal application, you may still have rights under other laws. For example:

  • a general protections dismissal application
  • a discrimination claim (if you have been discriminated against at work)
  • a bullying claim (if you haven't been dismissed but you are experiencing workplace bullying).

You should get legal advice to help you understand your options.

For a handy guide to all the requirements you have to meet to make an application for relief from unfair dismissal, see Checklist: Making an unfair dismissal application.

For answers to commonly asked questions, see Can you apply? - Frequently Asked Questions.

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