Unfair Dismissal: The Real Date Your Dismissal Takes Effect

When it comes to unfair dismissal claims, the exact date your employment ends is critical. The Fair Work Commission measures the 21-day deadline from the date the dismissal takes effect. That’s not always the same as the day you’re told you’ve been sacked.

In most cases, employers frame a dismissal as immediate. They tell you your employment ends that day and they’ll pay out your notice instead of letting you work it. This is called payment in lieu of notice (PILN). In those cases, the date of notification and the date the dismissal takes effect are the same.

But there are situations where the two dates differ. If your employer gives you written notice and requires you to serve out your notice period, your employment ends at the conclusion of that period, not on the day you’re told. This distinction can decide whether an unfair dismissal claim is lodged in time or out of time.

Employees should always double-check their termination letter and payslip. If notice was paid out, the clock starts ticking from the day they were told. If notice was worked, the last day of employment is the dismissal date. It’s a fine but important line that can determine whether the Commission will even hear the case.