​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

Time limits

Alert Icon  If 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.

The day you were dismissed will usually be either the last day you worked or when you were told you were dismissed (whichever is later). If you are not sure when you were dismissed you should get legal advice urgently.

In very limited circumstances the Commission may accept late applications. Some examples of when the Commission may accept late applications include where:

  • you were in hospital
  • you had legal advice that was wrong
  • you had a lawyer and the application was late because they made a mistake
  • your application was late because of a mistake made by the Commission.

Whether a late application will be accepted will depend on all the circumstances of your case. The Commission will also look at the strength of your case, as well as whether accepting the late application would cause unfairness to the employer.

You should not delay lodging your application simply because you haven't been able to get legal advice. It is possible to withdraw an unfair dismissal application. It is better to lodge it in time, rather than wait and then try to get an extension of time if your application is late.

Alert Icon  If you think you have been unfairly dismissed, but your dismissal was more than 21 days ago, you should get legal advice urgently.

​​Case Study - CharlotteCase study icon

Charlotte worked as a shop assistant at her local department store. She had been there full-time for three years when she was told she would be sacked and was given two weeks notice. Charlotte hadn't been given any warnings and didn't know there was a problem with her performance.

Charlotte was on her way to the Commission to file her unfair dismissal application when she was in a car accident and had to go to hospital. Because of the accident, Charlotte did not file her application until 16 days after the day she was dismissed.

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.

 

 

 

Man looking at the court list outside Fair Work Australia