A dismissal is unfair if you have been dismissed or feel like you were forced to resign, and the dismissal or forced resignation fits into the criteria found in the Fair Work Act 2009 (Cth).
It can be difficult if the termination came as a
Depending on your circumstances, you may be eligible to file an unfair dismissal application with the Fair Work Commission. Eligibility criteria includes the minimum time you have been employed, whether you earn under the high income threshold, fall under an award or enterprise agreement, whether you have filed your application within 21 calendar days of your last day of work and that you have paid the filing fee.
We can help you by talking through the eligibility criteria with you and assist you in deciding whether your dismissal was unfair or not.
The time limit is 21 calendar days, from the date dismissal occurred. You may file an out of time application but you will need to address the reasons why you are out of time.
Currently the high-income threshold is $148,700. This changes from year to year.
No, you can use the unfair dismissal benchbook to help you file an application. The benchbook provides a plain English explanation of the processes in the Fair Work Commission but does not provide legal guidance.