Unfair Dismissal Protections- Who is Actually Covered?

Not everyone is protected by unfair dismissal laws in Australia. Just because you’ve been let go doesn’t automatically mean you can bring a claim. The Fair Work system only covers certain types of employment relationships, and if you fall outside of those, the Commission won’t hear your case—no matter how unfair the situation feels.

The law protects employees, not independent contractors. That might sound simple, but the difference is often disputed. If you were paid via ABN, invoiced the business, set your own hours, used your own equipment, or had control over how you worked, there’s a real chance the Commission will find you were a contractor—even if you were treated like staff day-to-day. That would make you ineligible to claim unfair dismissal.

Casual workers face another hurdle. You may only be covered if your work was regular and systematic, and if you had a reasonable expectation of ongoing work. If you were only rostered on irregularly or accepted shifts inconsistently, you may not be protected.

Labour hire workers and agency staff can be in a legal grey zone. If you were hired through a third-party agency but worked under the control of a host business, the question becomes: who was your real employer? This can determine whether your claim can proceed, and against whom.

Fixed-term contracts are also tricky. If your contract ends on the agreed date or at the end of a specific task or project, and that end is genuine, you’re usually not considered “dismissed” under the unfair dismissal laws. But if you’re terminated early—before the contract’s agreed end—then you may be covered.

Volunteers and unpaid interns are excluded altogether, as they aren’t considered employees. Similarly, formal apprentices may fall under separate rules depending on their arrangement.

If your job was genuinely outsourced, project-based, or you were working through an ABN under your own name or business, you may find yourself locked out of the unfair dismissal system entirely.

The system isn’t always easy to navigate—and often, it’s these threshold questions that matter most. Knowing where you stand can be the key to deciding your next move after being dismissed.