What makes a dismissal “unfair”?
A dismissal may be unfair if it was harsh, unjust or unreasonable — for example, no valid reason related to your capacity or conduct, no warning about performance concerns, or no real opportunity to respond. A redundancy that was not genuine can also ground a claim.
Forced to resign?
If your employer’s conduct left you no real choice but to resign, that can amount to a constructive dismissal — and the same rights and deadlines apply. Get advice before you sign anything, especially a deed of release.
What you can claim
- Reinstatement to your job (rare in practice, but the primary remedy), or
- Compensation of up to 26 weeks’ pay, depending on your circumstances;
- Separately: unpaid wages, leave and entitlements can be recovered, and discrimination or general-protections claims may also be available — some with different deadlines.
What to do this week
- Write down the timeline of what happened while it is fresh, and keep any letters, texts or emails about your dismissal.
- Do not sign a deed of release without advice.
- Call us — we will tell you honestly whether you have a claim. If we do not think you do, we will say so.
21 days. The Fair Work Commission can only accept late applications in exceptional circumstances. If you think your dismissal was unfair, get advice this week — not next month.