Time limits

What is the time limit?

 If you want to make a general protections dismissal application, you must do so within 21 days of the date you were dismissed.

 You need to make sure the Fair Work Commission (the Commission)  receives your application within this time.

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 of the date you must make your application by, you should get legal advice urgently.

  If the relevant day to lodge your application is a Saturday, Sunday or public holiday you can make your application on the next business day, but you must make sure that the Commission receives your application by that day. For example, if the last day for making an application is Sunday 10 June, and Monday 11 June is a public holiday, the application can be made no later than Tuesday 12 June. It is also possible to file your application electronically (such as by email or by using the Commission's eFiling system), and you should do so before midnight on the last day for making the application

Late applications

The Commission may accept late applications in very limited circumstances. 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
• whether you disputed the dismissal
• whether it would be fair to allow you to have an extension (considering other people that have been in a similar position to you)
• whether accepting the late application would cause unfairness to the employer.

 If more than 21 days have passed since you were dismissed, you should get legal advice urgently.

For a handy guide to all the requirements you have to meet to make a general protections dismissal application, see Checklist: Making a general protections dismissal application.

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

 You should get legal advice if you have been dismissed or are having problems at work. You may have other options, such as:

• unfair dismissal claim if you were dismissed (for more information, see Unfair dismissal)
• discrimination claim (if you have been discriminated against at work)
• bullying claim (if you have not been dismissed but are experiencing workplace bullying).