Unfair Dismissal Eligibility Checker

Find out whether you qualify to make an unfair dismissal claim under the Fair Work Act. Answer four short questions and see exactly how many days you have left to lodge.

Disclaimer: This checker gives an indicative result based on the Fair Work Act 2009 eligibility gates. It is not legal advice. The Fair Work Commission makes the final determination. If you are unsure, speak with a qualified employment lawyer, especially given the strict 21-day lodgement deadline.

Free eligibility checker

Check your unfair dismissal eligibility

4 questions · takes about 2 minutes

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What is your employment arrangement?

Unfair dismissal protection applies to employees, not independent contractors. Casual employees qualify only if their engagement was regular and systematic.

Understanding Unfair Dismissal in Australia

What makes a dismissal unfair?

Under the Fair Work Act 2009 (Cth), a dismissal is unfair if it is harsh, unjust, or unreasonable. The Fair Work Commission assesses:

  • Whether there was a valid reason for the dismissal related to the employee's conduct or capacity;
  • Whether the employee was notified of that reason and given a genuine opportunity to respond;
  • Whether the employer followed a fair and reasonable process, including allowing a support person where requested.

A dismissal can be procedurally unfair even if there was a substantive reason for it, for example where the employer failed to give the employee a chance to respond to the allegation.

Who can make an unfair dismissal claim?

You can apply to the Fair Work Commission if you are an employee who has been dismissed at the employer's initiative (including a forced resignation), and you meet all of the following:

  • You are an employee, not an independent contractor;
  • You have completed the minimum employment period (6 months for standard employers; 12 months for small businesses with fewer than 15 employees);
  • You are covered by a modern award or enterprise agreement, or your annual earnings are below the high-income threshold ($183,100 in 2025–26);
  • Your dismissal was not a genuine redundancy.

The 21-day deadline

An application must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. This is strictly enforced. Extensions are only available in exceptional circumstances. If your deadline is approaching, do not wait. Contact an employment lawyer or lodge directly at fwc.gov.au.

Genuine redundancy and other claims

A genuine redundancy is not an unfair dismissal. However, if you believe your role was not genuinely made redundant, for example if the same work continues under a different title, you may still have a claim. You may also have a general protections claim if the dismissal was connected to a protected attribute such as union membership, taking parental leave, or making a workplace complaint. Find employment lawyers in your state who can advise on which claim best fits your situation.

For a plain-English overview of your wider workplace rights, from the National Employment Standards to the minimum wage and redundancy, see our complete guide to employment law in Australia.

Frequently Asked Questions

What is unfair dismissal under the Fair Work Act?
An unfair dismissal is one that is harsh, unjust, or unreasonable. The Fair Work Commission assesses whether there was a valid reason for dismissal related to conduct or capacity, whether the employee was notified of that reason and given an opportunity to respond, and whether the process was procedurally fair. A dismissal can be unfair on procedural grounds even if there was a substantive reason for it.
How long do I have to lodge an unfair dismissal application?
You must lodge your application with the Fair Work Commission within 21 days of the dismissal taking effect. This deadline is strictly enforced. The Commission may only grant an extension in exceptional circumstances, for example a serious illness that prevented lodgement. Do not delay.
What is the minimum employment period?
You must have completed a minimum employment period before you can make an unfair dismissal claim. For most employers this is 6 months of continuous service. For small business employers (fewer than 15 employees) the period is 12 months. The period starts from the date you began employment, not from when you were confirmed as a permanent employee.
Does the high-income threshold apply to me?
The high-income threshold for 2025-26 is $183,100 per year. If your earnings are at or above this threshold AND you are not covered by a modern award or enterprise agreement, you cannot make an unfair dismissal claim. However, if you are covered by an award or EA, regardless of your actual pay, the threshold does not apply to you.
What is the difference between unfair dismissal and general protections?
Unfair dismissal focuses on whether the process and reason for termination were fair. General protections (also called adverse action) focuses on whether the employer took action against you because of a protected attribute such as exercising a workplace right, union membership, illness, or taking parental leave. General protections claims have a different deadline (21 days for an employment dispute; no time limit for a general protections order) and a wider group of people can bring them.
Can I make an unfair dismissal claim if my role was made redundant?
A genuine redundancy is a statutory bar to an unfair dismissal claim. A redundancy is genuine if the employer no longer requires anyone to do the job, and the employer has complied with any consultation obligations in the relevant award or enterprise agreement. If you believe your redundancy was not genuine, for example if your role still exists under a different title, you may still have a valid claim. You may also have a general protections claim if the redundancy was connected to a protected attribute.
What remedies are available if my claim succeeds?
The primary remedy is reinstatement to your former position or a comparable role. Where reinstatement is not appropriate, the Commission may order compensation. Compensation is capped at the lesser of 6 months' pay or half the high-income threshold ($91,550 in 2025–26). The Commission takes into account lost earnings, mitigation, and other factors when calculating the award.