Introduction Answer these questions to see if you can apply for unfair dismissal. Content You must have JavaScript enabled to use this form. How were you employed? Full-time employee Part-time employee Regular casual employee (worked on a regular and systematic basis) Casual employee (worked on an irregular basis) Volunteer, intern or doing work experience Independent contractor Through an app or digital labour platform (employee-like worker/gig worker) Based on the answer provided, you cannot apply for unfair dismissal.Casual employees who don’t work on a regular and systematic basis, volunteers, interns and work experience participants are not covered by unfair dismissal laws. This means you cannot make an unfair dismissal application. Based on the answer provided, you cannot apply for unfair dismissal.Independent contractors are not covered by unfair dismissal laws. This means you cannot make an unfair dismissal application. If you are in the road transport industry and your services contract has been terminated, you may be able to make an unfair termination application instead.Find out more at Unfair termination for regulated road transport contractors. Based on the answer provided, you cannot apply for unfair dismissal.Employee-like workers are not covered by unfair dismissal laws. This means you cannot make an unfair dismissal application. If you performed paid work through a digital labour platform (such as an app or website) and your access has been changed, suspended or terminated, you may be able to make an unfair deactivation application instead. Find out more at Unfair deactivation for employee-like workers. How did your employment end? I resigned My contract ended It didn't – I'm currently employed I was dismissed by my employer I was demoted by my employer Based on the answer provided, you cannot apply for unfair dismissal.If you resigned, you were not dismissed by your employer. This means you cannot make an unfair dismissal application.Note: If you were forced to resign because of something the employer did, the law might recognise this as a type of dismissal, called ‘constructive dismissal’. You may want to get legal advice if you believe this applies to you. Based on the answer provided, you may not be able to apply for unfair dismissal.If your contract was for a set time, task or season, and your employment stopped at the end of that contract, you were not dismissed by your employer. Generally this means you cannot make an unfair dismissal application.If you were employed on a fixed term contract for the purpose of avoiding unfair dismissal laws, you may be able to apply. You may want to get legal help if you believe this applies to you. Based on the answer provided, you cannot apply for unfair dismissal.If you are currently still employed, you have not been dismissed by your employer. This means you cannot make an unfair dismissal application at this time.Note: if you are dismissed by your employer in future, you will have 21 days to apply. Did your demotion result in a significant reduction in pay or duties? No Yes Based on the answer provided, you cannot apply for unfair dismissal.A demotion that doesn’t result in a significant reduction in pay or duties is not a dismissal. This means you cannot make an unfair dismissal application. Note: If your demotion resulted in a significant reduction in your pay or duties, the law might recognise this as a type of dismissal, called ‘constructive dismissal’. You may want to get legal advice if you believe this applies to you. How long were you employed? Note: Periods of casual employment only count if you were employed on a regular and systematic basis and had a reasonable expectation of continuing employment. Less than 6 months 6 to 12 months More than 12 months Based on the answer provided, you cannot apply for unfair dismissal.Unfair dismissal protections only apply after a minimum employment period.You have not completed the required 6-month minimum employment period. This means you cannot make an unfair dismissal application. How many employees did the business have at the time of your dismissal? Note: Include all full-time employees, part-time employees, casuals employed on a regular and systematic basis, and the dismissed employee(s). 1 to 14 employees 15 or more employees Based on the answer provided, you cannot apply for unfair dismissal.Unfair dismissal protections only apply after a minimum employment period.Where the employer is a small business (with fewer than 15 employees) the minimum employment period is 12 months.You did not complete the required 12-month minimum employment period. This means you cannot make an unfair dismissal application. Where were you working? Australian Capital Territory Christmas or the Cocos (Keeling) Islands New South Wales Northern Territory Offshore (for example flight crew, a maritime employee or waterside worker) Queensland South Australia Tasmania Victoria Western Australia Were you a NSW state or local government employee? Yes No Based on the answer provided, you cannot apply for unfair dismissal.You are not covered by the national workplace relations system. This means you cannot apply for unfair dismissal with the Fair Work Commission.You may be covered by state laws that deal with unfair dismissal.For more information contact NSW Industrial Relations. Were you a Tasmanian state government employee? Yes No Based on the answer provided, you cannot apply for unfair dismissal.You are not covered by the national workplace relations system. This means you cannot apply for unfair dismissal with the Fair Work Commission.You may be covered by state laws that deal with unfair dismissal. For more information contact Tasmanian State Service Industrial Relations. Who was your employer? The Western Australian state government A local council A sole trader or partnership An unincorporated entity or non-trading corporation A company or incorporated entity (Pty Ltd) The Federal government Based on the answer provided, you cannot apply for unfair dismissal.You are not covered by the national workplace relations system. This means you cannot apply for unfair dismissal with the Fair Work Commission.You may be covered by state laws that deal with unfair dismissal. For more information contact the Western Australian Industrial Relations Commission. Were you a Queensland state or local government employee? Yes No Based on the answer provided, you cannot apply for unfair dismissal.You are not covered by the national workplace relations system. This means you cannot apply for unfair dismissal with the Fair Work Commission.You may be covered by state laws that deal with unfair dismissal.For more information contact Queensland Industrial Relations. Were you a South Australian state or local government employee? Yes No Based on the answer provided, you cannot apply for unfair dismissal.You are not covered by the national workplace relations system. This means you cannot apply for unfair dismissal with the Fair Work Commission.You may be covered by state laws that deal with unfair dismissal.For more information contact the South Australian Employment Tribunal. When did your dismissal take effect? Note: 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 required to work out a notice period your dismissal usually takes effect immediately. It hasn’t yet – I'm still working or on paid leave In the last 21 days More than 21 days ago Based on the answer provided, you cannot apply for unfair dismissal.If your dismissal has not yet taken effect, you can NOT make a dismissal application at this time.Once your employment ends, you will have 21 days to apply. Based on the answer provided, you have missed the deadline.By law, we can only extend the 21-day time limit in exceptional circumstances.These are usually NOT considered exceptional circumstances:not knowing about the time limitforgetting to lodge your applicationbeing busy, stressed or upsetgoing on holiday, ormisunderstanding the dismissal date.Examples of exceptional circumstances are:serious illnessthe death of a family membera 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. Yes No If there are no exceptional circumstances, your late application is likely to 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? Yes No Thank you for using this tool. I understand that: I am starting legal action by making an application I will need to pay an application fee I will be asked to participate in a conciliation with my former employer If not resolved at conciliation, I will need to present evidence and prove my case at a hearing before a Commission Member Providing false or misleading information is a criminal offence and may result in referral to the Australian Federal Police ALL boxes must be ticked before Apply online now button appears. Apply online now I can't apply online Download and complete your form: Form F2 – Unfair dismissal application (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.
