What can you do?

If you were dismissed unfairly, before you make an unfair dismissal application you should consider the following questions:

​​​​Are you able to make an application?

There are restrictions (sometimes called 'jurisdictional limits') that affect whether you are able to make an unfair dismissal application to the Fair Work Commission (the Commission). If you believe you were unfairly dismissed, you can make an unfair dismissal application to the Commission if you: 

• are covered by national employment laws (this is sometimes called being a 'national system employee')
• have worked for a minimum amount of time (12 months for employees of small businesses and six months for other employees)
• were an employee (and not an independent contractor)
• were not a casual (unless you worked on a regular and systematic basis)

• don't earn more than $162,000 (as at 1 July 2022). If you earn more than this amount, but you are covered by a Modern Award or Enterprise Agreement, it may still be possible to apply.

 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.

For more information, see Can you apply?

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.

 If you haven't been dismissed but you are experiencing workplace bullying, you may be able to make a bullying claim in the Commission. You should get legal advice about your options.  

How do you make an application?

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.

For more information on making your application, see Going to the Fair Work Commission.

What do you want from your employer?

There are two main types of orders that the Commission can make if an employee has been unfairly dismissed. These orders are called 'remedies'. The Commission can order your employer to:

• give you back your job or a substantially similar job (reinstatement), or
• pay you compensation (to a maximum of 26 weeks wages).

If the Commission orders reinstatement, it may also order that you be paid an amount for the wages or salary you lost because of the dismissal.

For more information, see Remedies.

  It is possible to agree with your employer for some other remedy to be given to you to resolve the dispute. For more information, see Conciliation.