Introduction Answer these questions to see if you can apply for general protections dismissal. Content You must have JavaScript enabled to use this form. How did your employment end? I resigned My contract ended It didn't – I'm currently employed I was dismissed by my employer 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? Because of my race, sex, age, pregnancy, disability or another protected attribute Because I have or used a workplace right – for example taking leave or making a complaint Because of my union membership (or non-membership) or industrial activities Because of my performance or something I did So my employer can rehire me as a casual or a contractor Because my role is not required anymore (redundancy) I don't know why I was 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*? It hasn’t yet - I'm still working or on paid leave More than 21 days ago In the last 21 days * 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, your application is late.By law, we can only extend the 21-day time limit in exceptional circumstances.Examples of exceptional circumstances are:serious illnessthe death of a family member, ora delay or error by a lawyer or paid agent.These are usually not exceptional circumstances:not knowing about the time limitforgetting to lodge your applicationbeing busygoing on holiday, ormisunderstanding the dismissal date.Please be aware that most extension requests (around 80%) are declined.Read more about our Deadlines on our website. Do you think there are exceptional circumstances that explain why your application is late? Yes No 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.This may happen without a hearing and, in some cases, without the employer being required to respond. 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 Providing false or misleading information is a criminal offence and may result in referral to the Australian Federal Police The Commission will not decide who is right or wrong, they will try to help both sides agree on a way to resolve the dispute If the dispute is not resolved, the next step is taking my case to court Apply online now I can't apply online 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.
