Victorian legal guide

Unfair dismissal in Victoria: what are my rights?

General information for people in Victoria · ORLA Connect

If you’ve lost your job and think it was unfair, you may be able to make an unfair dismissal claim. There are eligibility rules and a strict time limit, so it’s worth understanding your position quickly.

What counts as unfair dismissal

A dismissal may be unfair if it was harsh, unjust or unreasonable — for example, where there wasn’t a valid reason, or a fair process wasn’t followed.

Who can claim

Eligibility depends on things like how long you were employed and whether you’re covered by the national system. Not everyone qualifies, and other claims (such as general protections) may apply instead.

The time limit is short

An unfair dismissal claim has a strict deadline of just 21 days from when the dismissal took effect. Missing that deadline usually ends the claim, so act quickly.

What you might get

Outcomes can include getting your job back or receiving compensation. Many matters settle at a conciliation conference rather than a full hearing.

How to get advice fast the easy way

Post your matter once on ORLA Connect and get matched with up to four Victorian employment lawyers who quote upfront — important given the tight deadline. Free and private.

Dismissed unfairly? The clock is ticking

Post your matter once and compare up to four trusted Victorian firms. Private, no obligation.

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How long do I have to claim unfair dismissal?
Generally just 21 days from the dismissal. It is a strict deadline, so get advice quickly.
Do I need a lawyer for unfair dismissal?
You can lodge a claim yourself, but a lawyer improves your chances and helps at conciliation. Matched firms quote upfront.
What if I am not eligible for unfair dismissal?
Other claims like general protections may apply. A matched employment lawyer can tell you your options.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.