Form F8 – GP dismissal screening quiz

How did your employment end?

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.

You have not been dismissed by your employer. This means you cannot make a dismissal application.
Why do you think you were you dismissed?

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. 

To find out more visit Unfair dismissal on our website.

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.

When did your dismissal take effect*?
* A dismissal takes effect on the date the contract of employment ends. This may be the last day you were at work, or your last day of paid leave, or a later date stated by the employer (for example in a notice of termination). If you are paid instead of being given notice, your dismissal usually takes effect immediately.

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, have missed the deadline.

By law, we can only extend the 21-day time limit in exceptional circumstances.

These are usually not exceptional circumstances:

  • not knowing about the time limit
  • forgetting to lodge your application
  • being busy, stressed or upset
  • going on holiday, or
  • misunderstanding the dismissal date.

Examples of exceptional circumstances are:

  • serious illness
  • the death of a family member, or
  • a delay or error by a lawyer or paid agent.

Please be aware that most extension requests are declined.

Read more about our Deadlines on our website.

Do you think there are exceptional circumstances that explain why your application is late?
Please note, late applications must be supported by clear reasons and evidence explaining the delay. We will decide if your circumstances are exceptional.

If there are no exceptional circumstances, your late application will most likely be dismissed.

We may decide whether or not to give you an extension of time without holding a hearing, based on the information you give us. If we do not give you an extension of time, your late application cannot go ahead.

If we make a decision about your extension of time we will publish our decision (and any order we make) on our website. Your personal information may appear in the decision or order.

Do you still wish to apply?
Thank you for using this tool.
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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.