​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

Checklist: Making an unfair dismissal application

Checklist iconYou can print this checklist. It may help you to decide whether to make an unfair dismissal application to the Fair Work Commission (the Commission).

Alert Icon This checklist is not legal advice. If you think you have been unfairly dismissed you should get legal advice. There are time limits that apply. You have 21 days to make an unfair dismissal application to the Commission.

 
Are you covered by national unfair dismissal laws?

Most employees in Australia are covered by national unfair dismissal laws.

You may not be covered by these laws if you:

 

  • are employed by a State government in New South Wales, Queensland, Western Australia, South Australia or Tasmania
  • are employed by a partnership (or other non company entity) in Western Australia
  • are employed by a local government in New South Wales, Queensland or South Australia
  • are employed by an independent State owned corporation.

For more information, see Can you apply?

 
Was it a dismissal?

You may have been dismissed if:

 

  • your employer told you that your employment had finished
  • your employer stopped rostering you for shifts
  • you were demoted (and your pay or conditions were significantly reduced)
  • you felt you had no choice but to resign.
For more information, see Was it a dismissal?
 
Was it unfair?

A dismissal will be unfair if it is harsh, unjust or unreasonable.

For more information, see What is unfair dismissal?  

 
Was it a redundancy that was not genuine (if you were told your position was being made redundant)?
  • If your employer no longer needs anyone to do your job, your position may be redundant.
  • If you were told your position was being made redundant but your employer hired someone else to do your exact job, there may not have been a real (genuine) redundancy. You may have been unfairly dismissed.
  • If your employer has not followed any obligations in your award or enterprise agreement to consult with you, there may not be a genuine redundancy.
  • If there was another position you could have been (but were not) given, you may have been unfairly dismissed.
For more information, see Can a redundancy be an unfair dismissal?
 
Did the employer fail to follow the Small Business Fair Dismissal Code (if they are a small business)?
  • Employers who employ less than 15 employees (at the time of the dismissal or when notice of the dismissal was given, whichever happened first) must follow the Small Business Fair Dismissal Code (the Code) when they dismiss an employee.
  • If your employer did not follow the Code when you were dismissed, your dismissal may be unfair.
For more information, see Was your employer a small business?
 
Are you in time to make an application?
  • You have 21 days to make an unfair dismissal application to the Commission.
  • The Commission can accept late applications, but only in exceptional circumstances. 

For more information, see Time limits​.