Losing your job is never easy, but when it happens unfairly, the emotional toll can be even greater. Many employees facing unfair dismissal in Australia don’t realise they may be protected under national employment laws.
Many employees across Australia don’t realise they may be protected under unfair dismissal laws. Whether you’ve been terminated without warning or let go after raising concerns at work, it’s important to understand your rights and what steps to take.
In this article, we’ll walk you through what unfair dismissal means, how to tell if your situation qualifies, and what you can do to seek justice.
What Is Unfair Dismissal?
The Fair Work Act 2009 (Cth) defines unfair dismissal as a termination that is harsh, unjust, or unreasonable.
Some common examples include:
- Being dismissed without a valid reason
- Being fired without the opportunity to respond to allegations
- Being let go without any prior performance warnings
- Being dismissed due to discrimination, illness, or using personal leave
Even if your employer insists the dismissal was lawful, the way it was carried out might still be deemed unfair.
Are You Eligible to Make a Claim?
Not every dismissal qualifies under unfair dismissal laws. To be eligible to lodge a claim, you generally must:
- Have been employed for at least 6 months (or 12 months if your employer is a small business with fewer than 15 employees)
- Be covered under a modern award or earn less than the high income threshold (less than $175,000 up to June 2025)
- Lodge your unfair dismissal application within 21 days of your termination
If you’re unsure whether you qualify, it’s best to speak with an employment advocate as soon as possible.
Real Examples of Unfair Dismissal
At IR Advocates, we’ve seen many situations where employees were unfairly dismissed, such as:
- Terminated while on sick leave or just after returning to work
- Fired after a false allegation against them has not been properly investigated
- Let go after a single performance review, with no prior warnings
- Wrongly blamed in a flawed or biased workplace investigation
If your situation is similar to any of these examples, you might have grounds for an unfair dismissal claim.
What You Can Do About It
The good news is you don’t have to face this situation alone. At IR Advocates, we specialise in helping employees challenge unfair dismissals.
Here’s how we support you:
- Case Review – We assess whether your situation qualifies under unfair dismissal laws.
- Filing Your Claim – We help prepare and lodge your application with the Fair Work Commission.
- Representation – We represent you during negotiations, conciliation, and, if necessary, tribunal hearings.
- Pursuing Outcomes – Depending on your case, we may seek compensation, reinstatement, or a formal apology.
We tailor our approach to suit your specific circumstances, ensuring your rights are fully protected.
Why Work With IR Advocates?
When you’re dealing with something as serious as losing your job, you need experienced, trustworthy professionals by your side.
Here’s what sets us apart:
Over a decade of experience in employment and industrial relations - Transparent pricing and clear communication from the start
- Fast response times – including same-day consultations
- A compassionate, results-driven team committed to justice
Don’t Delay – You Have 21 Days
If you’ve been dismissed, time is not on your side. The Fair Work Commission enforces a strict 21-day deadline from the date of your termination to lodge a claim.
Even if you’re unsure whether your dismissal qualifies, it’s worth getting advice early – it could make all the difference.
Speak to Us Today
If you believe you’ve been unfairly dismissed, contact IR Advocates for a confidential, no-obligation consultation.
We’ll help you understand your rights and guide you through the next steps toward workplace justice.
