What is unfair dismissal and can I claim?
Unfair dismissal is when an employee is sacked in a way that is harsh, unjust or unreasonable. Eligible employees can apply to the Fair Work Commission — but there's a strict 21-day time limit from when the dismissal takes effect, so acting quickly matters. Here's how it works.
What counts as unfair dismissal
A dismissal may be unfair if there wasn't a valid reason, or the process was unfair — for example, no chance to respond. Genuine redundancy is treated differently.
Who's eligible
You generally need to have completed a minimum employment period and be covered by the national system. Small-business rules can differ.
The 21-day deadline
An application to the Fair Work Commission must usually be made within 21 days of the dismissal taking effect. Late applications are only accepted in limited circumstances, so get advice quickly.
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Post your matter — freeHow long do I have to claim unfair dismissal?
Is redundancy the same as unfair dismissal?
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.