Introduction
An employee can withdraw (discontinue) an unfair dismissal application at any time. You need to notify us and the employer.
On this page:
Content
Overview
After you start a claim for unfair dismissal, you or your representative can stop the claim at any time.
This includes:
- before we hold a conciliation discussion between you and your employer
- after a conciliation with your employer
- during a conference or hearing before a Member of the Commission
- at any time after the hearing and before the Member issues a decision.
As soon as you tell us you want to withdraw your claim, it stops and we close your case. We do not publish a decision or order on our website if you stop (discontinue) your claim before a Member decides whether your dismissal was unfair.
Reasons you may want to stop your application
You may withdraw your application for different reasons, such as:
- you have changed your mind and no longer want to make a claim
- you want to submit a different claim, such as a general protections dismissal claim.
See section 588 of the Fair Work Act 2009.
If you have settled your dispute, you do not need to lodge a Form F50 - Notice of discontinuance – see Rule 10 of the Fair Work Commission Rules 2024.
Tell us you want to discontinue your application
When you decide to withdraw the application:
- Fill out and send us Form F50 – Notice of discontinuance or contact us by phone, email, letter, fax or in person to tell us you want to discontinue the case. Send a copy of this notice to the employer (respondent).
- If you do not, we will write to the employer to tell them that you have stopped your claim.
How this may affect a claim in future
If you still want to challenge your dismissal, you may be able to make a different application about the same dismissal. You can only do this:
- after you stop your existing application using Form F50 – Notice of discontinuance
- before a Commission Member makes a decision about your unfair dismissal case
- within 21 days of the date the dismissal took effect.
This new application could be:
- an unfair dismissal application that is different from the one you stopped
- an application for general protections dismissal (if you are eligible)
- an application for help with unlawful termination (if you are eligible).
When you submit a new application, you must pay the fee or apply for a fee waiver.
If you apply after the 21-day deadline, a Commission member may need to decide whether to give you more time to apply.