​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 |
LawAccess NSW > Representing Yourself - LawAssist

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How long have you been employed?

The Fair Work Commission (the Commission) can only consider your unfair dismissal application if you have been employed for a 'minimum employment period'. The length of that period will depend on the size of your employer's business.

If your employer has:

  • 15 or more employees when you are dismissed, you need to have worked for them for at least six months
  • less than 15 employees when you are dismissed, you need to have worked for them for at least one year.

An employer with less than 15 employees is called a 'small business'.

Hint icon  Casual employees are not counted in the headcount of employees unless they are employed on a regular and systematic basis and have a reasonable expectation that they will continue to be employed. A 'regular and systematic basis' could include:

  • a set number of shifts per week, fortnight or month
  • a set number of hours per week, fortnight or month
  • a regular pattern of days, shifts or hours.

The length of time you worked needs to have been continuous. You still have continuous service if:

  • you take leave (for example annual leave or maternity leave)
  • you are promoted or moved to another position with your employer
  • you switch between full time and part time employment (for example if you reduce your hours because of family responsibilities).

If your employer changed because of a sale of business, the periods of employment for each employer will usually be one continuous period of employment (unless you were told this wouldn't be the case when the business was sold).

Hint icon  A probationary period of employment does not affect your ability to make an unfair dismissal application to the Commission. You can still apply if you are on probation, as long as you have completed the minimum employment period that applies to you.

Alert Icon  If you want to make an unfair dismissal application to the Fair Work the Commission, you must do so within 21 days of the date you were dismissed. If you are not sure whether your employer is a small business, or how long you have been employed, you should get legal advice​.

Case study iconCase study - Aasif

Aasif was a full time employee at Walk This Way Footwear. Aasif was one of 12 staff members who worked either full-time or regular part-time hours. There were also four casual employees who worked only when​ needed, such as close to Christmas or when other staff were sick or on holidays. 

​After 11 months in the job, Aasif was told that he was being fired. If Aasif's employer is a small business, he cannot make an unfair dismissal application as he has worked there for less than one year.

​ Alert Icon​If 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 unfair dismissal application, see Checklist: Making an unfair dismissal application.

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

 

 

 

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