If you've lost your job and it felt harsh, unjust or unreasonable, you may be able to challenge it — but the clock is short and unforgiving. An unfair dismissal claim must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Late applications are only accepted in exceptional circumstances.
Can you claim? Generally you need to have been employed for at least six months — or 12 months if your employer is a small business (fewer than 15 staff). You also need to be covered by an award or agreement, or earn under the high-income threshold.
There's a second path. If you were dismissed for a prohibited reason — for example, making a complaint, taking sick or carer's leave, or a discrimination ground — that may be a general protections claim. Critically, where dismissal is involved, that too has a 21-day limit.
What to do right now:
The deadline is the thing people most often miss. If you're even unsure whether you have a claim, it's worth one quick conversation before the 21 days run out.
General information only, not legal advice. For advice on your circumstances, contact HT Law Services on (02) 9280 1548.