Fired? Here's What You Should Know About Unfair Dismissal Laws in Australia
Not every firing is legal. If you've been sacked from your job, you might be able to challenge it under Australia’s unfair dismissal laws. But time is short, and not everyone qualifies. Here’s what you need to know.
Under the Fair Work Act 2009, an unfair dismissal happens when you're let go in a way that’s harsh, unjust or unreasonable. That doesn’t just mean it was upsetting. It means your employer either didn’t have a valid reason and or didn’t follow a fair process.
For example, if you’re dismissed over misconduct but never given a chance to respond or explain your side, that could be unfair. If you’re under pressure and make a simple performance mistake, but your employer jumps straight to termination without a warning, that might also be challenged.
To be eligible, you generally need to have worked at your job for at least 6 months (or 12 months if it’s a small business with fewer than 15 employees). You also need to have been an employee, not a contractor, and covered by an award or enterprise agreement, or earning under the high income threshold.
You only get 21 days from the date after your dismissal takes effect to lodge a claim with the Fair Work Commission.
If the Commission finds that your dismissal was unfair, they can order compensation or sometimes even reinstatement. But most cases settle at conciliation, where you and the employer try to work out a resolution.
Remember, it doesn’t matter if your employer says you “resigned” or “walked away” if the truth is you were forced out. The Commission looks at what really happened—not just what the employer claims.
