Unfair dismissal: next steps for employees

Start with the deadline and the right pathway

An unfair dismissal application must generally reach the Fair Work Commission within 21 days after the dismissal takes effect. Extensions require exceptional circumstances. Discussions about final pay, an internal appeal or waiting for documents should not be assumed to stop that clock.

Being dismissed does not automatically make someone eligible, and feeling unfairly treated does not by itself identify the right claim. A useful initial assessment separates eligibility, the reason and process for dismissal, available evidence and the outcome you want.

How MAKIN Advisory can help

• Assess the relevant employment history and unfair dismissal eligibility.

• Review the dismissal reason, process and supporting documents.

• Explain potential claim pathways and issues affecting the choice.

• Assist with preparing an application and presenting a clear chronology.

• Advise on conciliation, settlement proposals and practical next steps.

What information should you gather?

Record your start date, the date you were told about dismissal and the date employment ended. Keep the termination letter, employment contract, relevant policies, payslips and correspondence you lawfully hold. Write down who attended important meetings, what was said and what documents were provided.

Separate what you personally observed from what someone else told you. A clear chronology is usually more useful than a long account that mixes facts, assumptions and conclusions. Do not access your former employer’s systems without permission or take confidential files to build a case.

Discuss your dismissal with MAKIN Advisory

Think about the outcome as well as the allegation

Your priorities may include returning to work, resolving financial uncertainty or agreeing how the employment ended. Understanding those priorities helps evaluate a proposal rather than treating the largest possible demand as the only meaningful outcome.

A settlement document can affect more than payment. Releases, confidentiality, statements of service and other commitments deserve attention before signing. Keep an upcoming deadline prominent in your enquiry; sending a website form is not lodging a Commission application.

Unfair dismissal FAQs for employees

Am I eligible to bring an unfair dismissal claim?

Eligibility depends on the applicable system, minimum service and other criteria, including award or agreement coverage and income rules. Casual service can raise additional questions. Provide your employment history so the actual criteria can be assessed rather than relying on the label in your contract.

Does being on probation prevent a claim?

A contractual probation period and the statutory minimum employment period are different concepts. Do not assume the word “probation” settles eligibility or that it removes every other workplace protection.

Was my dismissal unfair if I received no warnings?

There is no universal rule that an employer must issue a particular number of warnings before every dismissal. The reason, seriousness of the circumstances, opportunity to respond and other relevant factors need assessment. Lack of warnings may matter, but it does not answer every case.

Should I claim unfair dismissal or general protections?

They address different legal questions and have different requirements. A dismissal alleged to be unfair is not automatically one for a prohibited reason. Restrictions on multiple proceedings make it important to consider the pathway before lodging.

Will the case have to go to a hearing?

Not every matter reaches a hearing. Resolution may be explored through conciliation, but agreement is not guaranteed. The evidence, legal issues and your objectives all inform whether a proposal is sensible.

What will advice cost?

The cost depends on urgency, the documents, complexity and whether you need an initial assessment or assistance through further stages. Tell us your dismissal date and immediate concern so we can discuss the appropriate scope. Do not delay protecting a filing deadline while awaiting a reply.

Get help with the next decision

We assist employees on the Gold Coast, in Brisbane and remotely, with meetings by appointment. Enquire about your dismissal or email sam@makinadvisory.com.au.

Related: General protections and unfair dismissal and redundancy advice. Official resources: Commission deadlines and eligibility guidance.