Before you apply for unfair dismissal, it's important to check whether you are eligible to make an application.
Many workers are protected from unfair dismissal. You should check if you are ready to apply for unfair dismissal. Your eligibility depends on several things including:
- whether you have been dismissed
- whether you are an eligible employee
- who you worked for
- how long you worked for
- whether you are lodging within the 21 day timeframe.
We explain who the law protects from unfair dismissal. If you are not sure you qualify, answer some questions about your situation. This can help you understand the options that may be available.
21-day time limit in unfair dismissal cases
This animation explains the 21-day time limit in unfair dismissal cases. Remember, the clock starts on the day after the dismissal takes effect. Public holidays and weekends count towards the time limit. However, if the 21st day falls on a weekend or public holiday, you may lodge the following business day.
Late applications in unfair dismissal cases
This animation explains that late applications are generally not accepted. We consider these applications 'out of time'. People can ask for an extension of time. However, a Commission Member will only grant an extension of time in exceptional circumstances. Employers or respondents to the case can also raise an objection.