Making an unfair dismissal application

How to make an application

To make an unfair dismissal application you will need to:

• fill out an application form
• pay an application fee or apply to waive (cancel) the fee if you cannot afford it)
• file the form with (give the form to) the Fair Work Commission (the Commission).

There are also time limits that apply. If you want to make an unfair dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.

Step by step guide: Making an unfair dismissal application

Instructions: Instructions for filling out an Form F2 -  Unfair Dismissal Application

Sample: Form F2 - Unfair Dismissal Application

Once it is received, the Commission will check your form is complete and send a copy of your application to the employer.

What you can do if it has been nearly 21 days since you were dismissed

  There are strict time limits that apply. If you want to make an unfair dismissal application to 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 the time limit is nearly up since you were dismissed, you must act quickly. It is possible to make your application over the telephone in this situation

If you do this you do not need an application form. You can:

• telephone the Fair Work Commission Help Line on 1300 799 675
• give the basic details of your application over the telephone
• pay your application fee by credit card over the telephone.

The Commission will then send you a partly completed application form and ask you to complete and return it within 21 days. If you cannot afford to pay the application fee, the Commission will also send you a waiver form for you to complete along with your application.

 If you do not complete and return the application within that time, your application may be out of time and the Commission may not be able to consider it.

Your employer's response to your application

The Commission will ask your employer to reply to your application. Your employer should send a copy of its reply to you. If you do not receive a copy of your employer's response, you should contact the Commission.

For more information, see Your employer's response to your application.

What happens after you make an application

After you have made an unfair dismissal application, the Commission will arrange a conciliation meeting with you and your employer. The Commission will send you a notice, called a Notice of Listing, telling you the date and time of the conciliation. For more information, see Conciliation.

For answers to commonly asked questions, see Going to the Fair Work Commission - Frequently Asked Questions.