Lodge an unlawful or unfair dismissal claim
Wrongfully dismissed from your job? You only have 21 days to make a claim.
If you have just been dismissed and something about how it happened does not sit right, you have 21 days from your last day to lodge an application with the Fair Work Commission. After that, the right to bring most claims expires. We respond fast, work out in the first phone call whether you have a claim worth running, and if you do, we lodge the application, prepare your case, and represent you through to a result.
What does responding to an unfair dismissal involve?
An unfair dismissal claim is brought under the Fair Work Act 2009 (Cth) (the Act). For most employees the right exists if you have been employed at least six months (12 months for small business employers), earn less than the high-income threshold, and were dismissed in a way that is harsh, unjust or unreasonable. The application must be lodged within 21 days of the dismissal taking effect. Get it in inside that window and the matter is heard; miss the window and you lose the right to bring it, no matter how clearly the dismissal was unfair.
How long do I have to lodge an unfair dismissal claim?
You have 21 days from the date the dismissal took effect. This is a strict statutory limitation under the Act. The Fair Work Commission can only extend the period in exceptional circumstances, so the realistic position is that you need to lodge inside 21 days or you lose the right.
Am I eligible to bring an unfair dismissal claim?
Most employees are eligible if they have completed the minimum employment period (six months for ordinary employers, 12 months for small business employers), earn less than the high-income threshold (reviewed annually), and were dismissed in circumstances that meet the harsh, unjust or unreasonable test in the Act. We work out eligibility on the first phone call.
What does the Fair Work Commission do when I lodge a claim?
The Fair Work Commission first arranges a conciliation conference, usually by phone, where both parties try to negotiate a settlement. If conciliation does not resolve the matter, the case proceeds to a formal hearing. Most matters settle at the conciliation stage.
What can I get if my claim is successful?
The Fair Work Commission can order reinstatement to your previous position, or compensation where reinstatement is not appropriate. Compensation under the Act is capped at six months’ wages and is calculated mainly with reference to how long you were unemployed after the dismissal.
Claim lodged within time.
We meet the 21-day deadline so the right to claim is preserved.
Application that holds up.
The form sets out the grounds the Fair Work Commission actually tests against, not what you wish had happened.
Result without dragging it out.
Most matters resolve at conciliation. We get there ready to settle on commercial terms.
Ready to take the first step before time runs out?
If you have been dismissed in the last few weeks, the most important thing is to get advice today, not next week. The first call costs nothing and gives you a clear picture of what to do next.
You did your job. Then they let you go.
You showed up, did the work, and were dismissed in circumstances you do not think were fair. You also do not know whether what happened was actually unlawful, whether the deadline is days away or weeks, or whether what you would recover would even be worth fighting for.
- We will work out within the first call whether you have a claim worth pursuing.
- We will lodge the application with the Fair Work Commission inside the 21-day limitation period.
- We will prepare the case, including witness evidence, employment records, and the grounds the Fair Work Commission tests against.
- We will represent you at the conciliation conference and negotiate the settlement.
- We will run the matter to a contested hearing if conciliation does not resolve it.
You have been dismissed and the way it happened does not sit right.
You were told the dismissal was about performance, redundancy, or a single incident, but the warnings did not actually exist, the consultation never happened, or the decision was made before you got a chance to respond. You have been employed long enough to have unfair dismissal rights and you earn less than the high-income threshold. The 21-day clock is running, and every day you spend trying to work out what to do is a day off the time you have to act.
What's included in your unfair dismissal claim service
- Initial assessment of eligibility and merits within the first call.
- Drafting and lodging the Fair Work Commission application within the 21-day deadline.
- Witness evidence and document preparation.
- Representation at the conciliation conference.
- Negotiated settlement, or progression to a contested hearing.
- Final advice on the settlement deed or any orders made.
What happens if you let the 21 days pass.
Most employees who walk in our door more than three weeks after they were dismissed have already lost the right to bring the strongest claim available to them. The 21-day Fair Work Commission deadline does not pause while you research your options or wait to see whether you can find a new job. It runs from the day the dismissal took effect, and once it has passed, the Fair Work Commission can only extend it in exceptional circumstances such as serious illness. The longer the gap, the harder the extension, and most extension applications fail. The result is an unfair dismissal that the law would have recognised, but for which there is no remedy left.
Here is how we get the claim in and resolved.
We sit down with you within days of you being dismissed, work out whether you have a case, and lodge the application well inside the deadline. From there we prepare the file the Fair Work Commission needs: a written outline of the grounds, the supporting evidence, the financial loss schedule, and the position you are willing to settle for. By the time the conciliation conference is scheduled, your case is documented, your settlement number is calibrated, and the employer is on notice that the matter is being run by lawyers. Most matters resolve at conciliation. The hard ones we run to hearing, and we win those too.
Three steps to getting your claim lodged and resolved.
First call, application filed, matter resolved.
1
Position assessed.
First phone call: we work out whether the dismissal meets the unfair dismissal test, what compensation you might recover, and whether the matter is worth running.
2
Application lodged.
We complete and file the Fair Work Commission application inside the 21-day deadline, with the grounds stated correctly.
3
Matter resolved.
We represent you at the conciliation conference and negotiate the settlement. If conciliation does not resolve it, we run the matter to hearing.
Employment lawyers who run unfair dismissal claims for employees, fast.
Being dismissed is one of the most disorienting experiences in working life, and the 21-day clock makes the first few days the most important. We have run dismissal claims through the Fair Work Commission for clients across industries from frontline staff to senior executives, and the pattern is consistent: matters that get filed early and prepared properly resolve quickly. Our employment team focuses on the procedural points the Fair Work Commission actually tests against, like the validity of the reason, the consultation process, and whether you got a real chance to respond. You get experienced representation, an application filed on time, and a result, not a year of wondering whether to do anything.
We understand you want to know the cost, before we get started...
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Talk to us before the 21 days are up.
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