Unfair dismissal

This topic has information about making an unfair dismissal application to the Fair Work Commission (the Commission). It can help you if:

• you are covered by national unfair dismissal laws
• you were dismissed and the dismissal was unfair
• you want to make an unfair dismissal application against your employer​
• you want your job back (reinstatement) or compensation.

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.

Who is covered by national unfair dismissal laws?

If you are an employee working in NSW, you will be covered by national employment laws unless you are employed by the NSW government, a local council, or a NSW state government owned corporation.

If you are not covered by national unfair dismissal laws, you may still have rights under other laws. If you think you have been unfairly dismissed you should get legal advice.

What is unfair dismissal?

A person is 'dismissed' if they are sacked, terminated or fired. In some cases, if you are not given shifts, are demoted or are forced to resign, you may have been dismissed.

This section has information about:

•  what 'dismissal' means
• when a dismissal may be unfair
• redundancies
• small business employers
• what you can do when a dismissal is unfair.

For more information, see What is unfair dismissal?

You should think carefully about what you want from your employer and the steps you want to take. For more information, see What can you do?

Can you apply?

If you have been unfairly dismissed and you want to make an application to the Commission, there are a number of restrictions that may affect whether you can apply.

This section gives you information about:

• time limits
• whether you are an employee or independent contractor
• casual employees
• how long you need to have been employed
• whether you earn too much to make an application.

Going to the Fair Work Commission

This section has information about:

• applying to the Fair Work Commission
• the conciliation process
• the hearing
• decisions the Commission can make
• orders for costs.

For more information, see Going to the Fair Work Commission.

After the case

This section gives you information about steps you can take after you have settled the dispute with your employer or the Commission has made a decision about your case. It has information about:

• enforcing agreements
• enforcing orders
• appeals.

For more information, see After the case.

Flowcharts

These flowcharts show you an overview of the different steps you might take if you believe you have been unfairly dismissed.

For more information, see Flowcharts.

Who's who at the Fair Work Commission

This section shows you what the room can look like, who the different people are, and where you should sit, when you go to the Commission for a hearing.

For more information, see Who's who at the Fair Work Commission.

Forms

This section has instructions and sample forms

For more information, see Forms - Unfair dismissal.

Frequently Asked Questions

This section has answers to common questions that you may have about unfair dismissal.

For more information, see Frequently Asked Questions.

Getting more help

If 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.

If you were dismissed from your job, you may be able to make a number of different claims against your employer. For example, you may also be able to make a general protections dismissal claim. For more information, see General protections dismissal.

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 workplace bullying).

Before you make any claims or applications, you should get legal advice to help you work out what is the right option for you.

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Further information

Fair Work Commission - Unfair dismissal​

Fair Work Ombudsman - Unfair dismissal