Employment rights
If you are an employee you have certain rights and entitlements that relate to:
- how you can be dismissed (sacked from your job)
- what you should be paid.
This topic has information to help you understand your rights in employment.
How do I choose?
If you have been dismissed, your dismissal may have been unfair, or in breach of a general protection. If that is the case, you may be able to make a claim for either unfair dismissal or general protections dismissal. You cannot make both claims.
You may even have other options such as a:
-
discrimination claim (if you have been discriminated against at work)
-
bullying claim (if you are experiencing any workplace bullying).
You should get
legal advice
about your options.
If you have been dismissed and you believe you haven't been paid all your wages of other entitlements by your employer, you can also make a claim against them. You can still make this claim even if you have started an unfair dismissal or general protections dismissal claim. You can also make a claim if you resigned or are still working for the employer.
For information on the differences between an unfair dismissal claim, a general protections dismissal claim, and a claim for unpaid wages and entitlements, see
How do I choose?
Unfair dismissal
Unfair dismissal is when you are dismissed from your job and the dismissal is harsh, unjust or unreasonable. A dismissal might be unfair if:
- the reason you were dismissed was unfair or
- the way you were dismissed was unfair.
For more information, see
Unfair dismissal.
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 Commission may accept late applications, but usually only in exceptional cases.
General protections dismissal
A general protections dismissal can be when you are dismissed from your job as a result of:
- discrimination
- enquiring or complaining about your pay, entitlements or workplace conditions
- being absent because you were sick
- being involved in a union or union activities.
If you want to make a general protections dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.
The Commission may accept late applications, but usually only in exceptional cases.
Sometimes general protections cases are called 'adverse action claims'. If your employer dismisses you for using or trying to use your rights, they have taken adverse action against you.
For more information, see
General protections dismissal.
Wages and entitlements
Employees may be entitled to a number of payments during employment and when they leave employment. This section is about:
what payments you may be entitled to as an employee
when those payments should be made
what you can do if your employer does not make those payments.
For more information, see
Wages and entitlements.
If you want to make a claim for unpaid wages or entitlements you must do so within six years of when the payment should have been made.
Getting more help
If you need help understanding your rights and entitlements, or you have been dismissed from your job, there are some services that may be able to help you.
For more information, see Getting more help.
Finding employment law
This section has information about how you can find out your correct pay, conditions and entitlements. It also has a link to the Fair Work Act, which is the law that covers national system employees.
For more information, see Finding employment law.
Last Updated: November 2021