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Losing your job can be confronting, particularly if the dismissal feels sudden or unjustified. In Australia, employment law provides protections for employees who are dismissed in circumstances that are harsh, unjust or unreasonable. If you believe you have been unfairly dismissed, there are steps you can take to understand your rights and consider your options.

What Is Unfair Dismissal?

Unfair dismissal occurs when an employee is dismissed in a way that is harsh, unjust or unreasonable. This may include situations where:

• there was no valid reason for the dismissal
• the employee was not given an opportunity to respond to allegations
• the employer did not follow a fair process
• the dismissal was disproportionate to the conduct alleged.

Unfair dismissal claims are generally dealt with by the Fair Work Commission.

It is important to understand that not every dismissal will be considered unfair. Employers are entitled to terminate employment where there is a valid reason and a fair process is followed.

Who Can Make an Unfair Dismissal Claim?

Not every employee will be eligible to bring a claim. In most cases, you must:

• have completed the minimum employment period (usually six months, or 12 months if the employer has fewer than 15 employees)
• be covered by the national workplace relations system
• earn less than the high-income threshold, unless you are covered by an award or enterprise agreement.

Different rules may apply to casual employees, contractors or employees working in small businesses.

Time Limits Apply

Unfair dismissal claims must usually be lodged within 21 days of the dismissal taking effect.

This time limit is strict. If you wait too long, the Commission may refuse to accept the application unless exceptional circumstances are shown.

For this reason, it is important to obtain advice promptly if you believe your dismissal may be unlawful.

What the Fair Work Commission Considers

When determining whether a dismissal was unfair, the Commission may consider a range of factors, including:

• whether there was a valid reason for the dismissal -whether the employee was notified of that reason -whether the employee had a chance to respond
• whether the employer allowed a support person during discussions about dismissal
• the size of the employer's business and available HR resources
• whether proper procedures were followed.

The focus is on whether the dismissal was fair in the circumstances.

Possible Outcomes

Many unfair dismissal matters resolve through conciliation, where the parties attempt to reach an agreement with the assistance of the Commission. Possible outcomes can include:

• reinstatement to the role
• financial compensation
• a negotiated settlement between the parties.

Most matters resolve before reaching a formal hearing.

What You Should Do If You Have Been Dismissed

If you believe your dismissal may be unfair, practical steps include:

• recording the circumstances of the dismissal, including dates and conversations
• keeping copies of relevant documents, such as employment contracts, warning letters or emails
• considering whether the correct process was followed
• seeking legal advice promptly, particularly because of the 21-day time limit.

Early advice can help clarify whether a claim is available and what options may exist.

Getting Legal Advice

Employment law disputes can turn on the details of the employment relationship, workplace policies and the circumstances leading to the dismissal.

A lawyer experienced in employment law can help you understand:

• whether you may be eligible to bring an unfair dismissal claim
• the strength of your case
• the steps involved in making an application to the Fair Work Commission
• potential outcomes and settlement options.

If you would like to discuss your situation, you can search and compare employment lawyers on Advisent and book a fixed-fee consultation to obtain advice about your options.

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About the Author

Amy Soong L.L.B (Hons), L.L.M, BBus (Accy), GradDipLP (QUT) is the Legal Practice Director of Ashworth Lawyers, a leading Brisbane criminal defence law firm founded in 2014. She has been exclusively practising as a criminal defence lawyer in Brisbane for over 16 years. Amy leads a team of the best Brisbane criminal lawyers for all serious and complex crimes in Qld.

This includes extensive experience in successfully defending rape and sexual violence, drugs, fraud, assaults and choking, murder, arson, extortion, kidnapping, money laundering, human trafficking, tax, and aviation offences.

Amy is admitted in the Supreme Court of Queensland and High Court of Australia. She is a Council member of the Society of Notaries in Qld and is a member of the Qld Law Society Wellbeing Working Group. She has achieved numerous recognitions including as a finalist in the Lawyers Weekly Women in Law Awards and under her leadership, Ashworth Lawyers is also recognised as Criminal Law Firm of the Year Qld (APAC Insider Australian Made Awards 2025) and Client Service Excellence Award (APAC Insider Australian Made Awards 2025).