Unfair dismissal

When an employee is dismissed in a harsh, unjust or unreasonable manner, the Fair Work Act may offer protection. Find out how.

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Any claim for an unfair dismissal needs to be submitted within 21 days of a dismissal taking effect

About unfair dismissal

Unfair dismissal is when an employee is dismissed from their job in a harsh, an unjust or an unreasonable manner.  

The Fair Work Act protects eligible employees from losing their job in a range of circumstances, including:

  • if they’re temporarily away from work due to illness
  • because of discrimination.

You may be able to make an unfair dismissal claim at the Fair Work Commission if you:

  • feel your job loss was not lawful or fair
  • had served the minimum employment period.

Before submitting a claim, you should:

Other than a claim for unfair dismissal, a dismissed employee may be eligible to claim for other workplace rights including protection from:

  • adverse action
  • coercion
  • undue influence or pressure
  • misrepresentation.

Find out more about protections at work at the Fair Work Ombudsman.

Submitting an unfair dismissal claim

Any claims for unfair dismissal, whether in the Fair Work Commission or the NSW Industrial Relations Commission, need to be submitted within 21 days of a dismissal taking effect.

If you're unsure whether you're eligible to commence any of these claims, you should seek legal advice.

Submit an unfair dismissal claim at the Fair Work Commission.

NSW public sector and local government employees

NSW public sector and local government employees are not protected from unfair dismissal by the Fair Work Act.

Instead, they may be protected by the NSW Industrial Relations Act, where any claims are held before the NSW Industrial Relations Commission.

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