Regulated worker minimum standards applications that may impact gig workers and road transport contractors
If you resigned, you were not dismissed by your employer. This means you cannot make a dismissal application.
If a person is forced to resign because of something the employer did, the law may recognise this as a type of dismissal. We call this ‘constructive dismissal’. You may want to get legal help if you believe this applies to you.
Underperformance and misconduct are not prohibited reasons.
You cannot make a general protections dismissal application unless you were dismissed for a prohibited reason.
You may be able to make an unfair dismissal application if your dismissal was ‘harsh, unjust or unreasonable’. Note, you can only make one type of dismissal application.
To find out more visit Unfair dismissal on our website.
You may not be able to make a general protections dismissal application.
If you think you were chosen for redundancy for a prohibited reason (for example, because of your race, sex, age, pregnancy, disability or another protected attribute or because you have a workplace right), you can select that option above.
You may want to get legal help before you apply.
If you believe your redundancy was not genuine and your dismissal was harsh, unjust or unreasonable, you may be able to make an unfair dismissal application. Note, you can only make one type of dismissal application.
A general protections dismissal application requires you to say which protection(s) under the Fair Work Act 2009 were breached. If you do not know the reason for your dismissal, you will not be able to complete the application.
If you were not given a reason for dismissal, you may be able to make an unfair dismissal application. To find out more visit Unfair dismissal on our website.
If your dismissal has not yet taken effect, you cannot make a dismissal application.
If your employment ends, you will have 21 days to apply. For more information read about our Deadlines.
Based on the answer provided, your application is late.
By law, we can only extend the 21-day time limit in exceptional circumstances.
Examples of exceptional circumstances are:
These are usually not exceptional circumstances:
Please be aware that most extension requests (around 80%) are declined.
Read more about our Deadlines on our website.
If there are no exceptional circumstances, your late application will most likely be dismissed.
This may happen without a hearing and, in some cases, without the employer being required to respond.
Apply online now
Download and complete your form:
Form F8 – General protections application involving dismissal (pdf)
Email your completed form to lodge@fwc.gov.au. You will not receive an automatic reply when you lodge via email. You can also post or deliver your form to a Commission office near you.