Use this checklist to find out if you are ready to start the application.
Your employer has already dismissed you
If you have not been dismissed but you think you will be, you may be able to access legal help.
You have worked for the minimum employment period
If you have worked for your employer for less than 6 months (or 12 months if your employer is a small business), you cannot apply for unfair dismissal.
You are an employee who is protected by law
The law only protects some employees. Find out Who the law protects from unfair dismissal.
Read on to find out what you need to think about before you apply. This can help you avoid delays with your application.
What to think about before you apply
Do you need a lawyer or legal representative?
You can represent yourself. You don't need a lawyer or other legal representative to apply or to represent you in hearings or discussions.
You can also start the application process without a lawyer or agent and find one later if you change your mind.
Find out how to represent yourself or use a lawyer or legal representative.
We are an independent tribunal so we cannot give you legal advice or tell you if you should apply. We can help you understand and complete the application form. Find out Where to get legal help.
What outcome or result do you want?
Before you start the legal process, understand what results are possible. The outcome or remedy can be different if you:
- settle during the conciliation process
- win the case at a hearing or conference
See the options at Possible results of unfair dismissal claims.
Do you have the information we will ask for?
Remember: You can apply even if you don't have all the information yet. It is important to get your application to us within 21 days of the date of your dismissal. You can send us more details and supporting documents after you have applied.
We will ask you for names, dates, contact details and information about the dismissal. The process is easier if you gather these details before you start:
- contact details for you
- contact details for your lawyer or paid agent, if you have one
- the legal name of your former employer, which may be on your payslip
- contact details for someone at your former employer's workplace who we can send your application to
- the dates you started work and finished work for the employer
- the date your employer told you about your dismissal
- the reasons your employer gave you for your dismissal, including supporting documents if you have them – such as a copy of the email or letter that shows they dismissed you
- the reasons (‘arguments’) you believe the dismissal was unfair
- what result or outcome you want from the case.