An unfair dismissal claim is a claim that your dismissal from your job was harsh, unjust or unreasonable. If eligible, you have 21 days from the date your dismissal took effect to file your claim.
If you have been dismissed from your job and you believe it was unfair, you may have grounds to make an unfair dismissal claim at the Fair Work Commission (FWC). If eligible, you have 21 days from the date your dismissal took effect to file your claim.
An unfair dismissal claim is a claim that your dismissal from your job was harsh, unjust or unreasonable.
You have been dismissed if:
You have not been dismissed if:
Note: If your contract appears to be for a specific period but can be ended earlier by the giving of notice, then your contract may not be a genuine fixed term contract and you may be dismissed at your employer’s initiative if your contract is not renewed. If this applies to you, you should obtain legal advice as soon as possible.
A dismissal will not be an unfair dismissal if:
More information including minimum employment periods and how to make an unfair dismissal claim can be found in the attached Fact Sheet, which we recommend you download.
Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.
Here’s a quick 44 second video giving a quick overview of what an unfair dismissal claim is, and how to know if your dismissal was harsh, unjust or unreasonable.
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