How to Challenge an Unfair Dismissal: A Worker’s Guide
Being dismissed from your job can be a shock, especially if you feel the decision was unjustified. In Australia, the Fair Work Act protects eligible employees from dismissals that are harsh, unjust or unreasonable. If your employer has acted without a valid reason, skipped fair process, or made a decision that was disproportionate to the circumstances, you may have the right to challenge it.
To bring an unfair dismissal claim, you must usually have completed the minimum employment period — six months with a larger employer, or 12 months with a small business. You also need to act fast. Applications must be lodged with the Fair Work Commission within 21 days of your dismissal taking effect, and late applications are rarely accepted.
Evidence is critical. Keep copies of your employment contract, payslips, rosters, warnings, performance reviews, emails, messages and any other records connected to your job or the dismissal. Notes you make soon after key events can be particularly persuasive, as they show your version of events while they were still fresh in your mind. Witness statements from co-workers can also help.
The Fair Work Commission expects employers to follow a fair process before deciding to terminate someone’s employment. This means you should have been told the reason for potential dismissal, given a real opportunity to respond and treated consistently with other employees in similar situations. If allegations were made against you, your employer should have investigated thoroughly and impartially before reaching a decision.
If you decide to challenge the dismissal, you will need to complete the Fair Work Commission’s unfair dismissal application form (Form F2) and set out why you believe the termination was unfair. Attach your supporting documents and pay the application fee, or request a waiver if you qualify. Once lodged, your matter will usually proceed to a conciliation conference. This is a private discussion between you, the employer and a conciliator, and it’s an opportunity to try to settle the matter without going further.
If no agreement is reached, the case may move to a formal hearing. If your claim succeeds at a hearing, the Commission can order remedies such as reinstatement to your role, compensation (capped at 26 weeks’ pay). Even if you do not want your job back, the process can still deliver a fair resolution and hold your employer accountable.
