What to do now
Official path: Fair Work Commission, Unfair dismissal. Apply: Apply for unfair dismissal (Form F2). Clock: 21 calendar days after the dismissal takes effect (the day of dismissal is not counted). Fee for 2026-27: $92.70 (from 1 July 2026). Waiver: Form F80 for serious financial hardship.
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Confirm you are in the employee unfair dismissal pathway, not a platform deactivation claim. Employees use Form F2. Eligible employee-like gig workers use Form F89.
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Count the 21 days carefully. Time runs from when the dismissal takes effect. Late applications need a strong reason. Do not wait for a final payslip if you already know the end date.
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Check eligibility basics: national system employee; dismissed (not a voluntary resignation unless you were forced); minimum employment period met; and either covered by an award or enterprise agreement, or under the high income threshold ($190,100 for dismissals on or after 1 July 2026).
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Gather evidence today. Termination letter or email, contract, payslips, warnings, meeting notes, and why you say the dismissal was harsh, unjust, or unreasonable.
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Lodge Form F2 through the FWC apply path above. Pay the fee or lodge Form F80 if you seek a waiver for serious financial hardship.
Eligibility in plain English
Unfair dismissal is for national system employees. Most private-sector employees in Australia are in the national system. Some state public sector and local government roles are not. Check the FWC unfair dismissal overview if your employer is a government body.
Minimum employment period is usually 6 months. It is 12 months if the employer is a small business (fewer than 15 employees). Count continuous service carefully, including any transfer of business rules on the FWC pages.
High income threshold: if you are not covered by a modern award or enterprise agreement, you generally cannot bring an unfair dismissal claim if your annual rate of earnings is at or above $190,100 for dismissals on or after 1 July 2026. The threshold updates on 1 July each year.
What the Commission looks at
The Commission decides whether the dismissal was harsh, unjust, or unreasonable. Typical factors include whether there was a valid reason related to capacity or conduct, whether you were notified and given a chance to respond, and other relevant circumstances. Read the FWC unfair dismissal pages for the full list.
Employer responses (brief)
Genuine redundancy can be a complete defence if the job is no longer required, the employer followed consultation duties in any applicable award or agreement, and redeployment was not reasonable. That is the employer's case to prove, not your starting form.
Small Business Fair Dismissal Code: if the employer had fewer than 15 employees, they may argue they followed that Code. Again, that is a response pathway. Your first move is still Form F2 within 21 days if you believe the dismissal was unfair.
Soft related path: general protections (dismissal) and unlawful termination are different claims with different forms and tests. Use them only if the FWC pages say they fit your facts better than unfair dismissal.
Where to lodge and get help
Fair Work Commission: Unfair dismissal · Apply Form F2
Related Zoe guide (platform workers): Unfair deactivation for gig and employee-like workers (Form F89)
Legislation soft cite: Fair Work Act 2009 (Cth) unfair dismissal provisions (see the FWC pages for how they apply to your facts).