Can you apply?

If you have been unfairly dismissed from work, you may be able to make an unfair dismissal application to the Fair Work Commission (the Commission). However, there are a number of restrictions (sometimes called 'jurisdictional limits') on who can apply. Before you apply, you should consider the following:

​If the Commission agrees that you have been unfairly dismissed, and no jurisdictional limits stop it from considering your application, it can order your employer to give you your job back (reinstatement) or pay you compensation.

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.

Are you covered by national unfair dismissal laws?

Employees covered by national unfair dismissal laws include:

• employees of private enterprise in New South Wales, Queensland, South Australia or Tasmania
• employees of most companies in Western Australia
• all employees in Victoria, the Northern Territory or the Australian Capital Territory
• employees of the Australian (Commonwealth) Public Service ('APS').

You may not be covered by national unfair dismissal laws if you:

• are employed by a State government in New South Wales, Queensland, Western Australia, South Australia or Tasmania
• are employed by a local government in New South Wales, Queensland, Western Australia or South Australia
• are employed by a partnership or other unincorporated entity in Western Australia.

 If you are a public servant employed by a State or local government, you may still have rights under other laws. If you think you have been unfairly dismissed you should get legal advice.

Time limits

 You must make an unfair dismissal application to the Fair Work Commission (the Commission) within 21 days of the date you were dismissed.

The Commission may accept late applications, but usually only in exceptional cases.

For more information, see Time limits.

Are you an employee or contractor?

To make an unfair dismissal application you must be an employee. If you are an independent contractor you cannot make an application. However, even if you are called a 'contractor' you may actually be an employee. Whether someone is an employee or an independent contractor will depend on the circumstances of their case.

For more information, see Are you an employee or contractor?

Casual employees are usually not able to make unfair dismissal applications. However, if you are a casual employee who works regular hours, you may still be able to apply.

For more information, see Are you a casual employee?

How long have you been employed?

You need to have been employed for a certain amount of time before you can make an unfair dismissal application. How long you will need to have been employed will depend on the size of your employer's business.

For more information, see How long have you been employed?

Do you earn too much?

If you earn over a certain amount, you may not be able to make an unfair dismissal application. However, in some cases you can still make a claim if you are covered by an award or enterprise agreement.

For more information, see Do you earn too much?

 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.

Frequently Asked Questions