Losing your job can be a deeply unsettling experience — especially when it comes out of the blue or doesn’t seem fair. Whether you’ve been handed a formal termination letter or asked to pack your things after a difficult conversation, that sinking feeling often comes with a flood of questions. Was that legal? Did I do something wrong? Can they even fire me for that?
The reality is, not all terminations are lawful — and not all employers follow the correct process. If you suspect your dismissal was unjustified, it’s important to know that you do have rights. But time is of the essence, and knowing what to do next can make all the difference to your outcome.
This is where speaking to employment lawyers can help clarify your options. But before you make any decisions, understanding what qualifies as unfair dismissal — and how the system works in Australia — can empower you to take action with confidence.
Understand What Counts as an Unfair Dismissal
Not every dismissal that feels unfair is considered “unfair” under the law. In Australia, an unfair dismissal occurs when:
- The dismissal was harsh, unjust or unreasonable
- It wasn’t a genuine redundancy
- The employer didn’t follow proper procedure
- The dismissal wasn’t consistent with the Fair Work Act
Some common examples include:
- Being let go without a valid reason or without being given the opportunity to respond
- Being dismissed over a minor issue with no warning or previous performance management
- Being terminated for something unrelated to your job (such as personal beliefs, illness, or making a complaint)
- Being targeted while on leave or after exercising a workplace right
It’s also important to remember that casual employees, contractors, and probationary staff may have different entitlements — but that doesn’t mean they’re entirely unprotected.
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Take a Deep Breath — Then Gather Your Information
It’s normal to feel emotional or even angry after losing a job, especially if it blindsides you. Give yourself a moment to process, but don’t delay too long — unfair dismissal claims must be lodged with the Fair Work Commission within 21 days of your termination.
While your thoughts are fresh, start gathering everything you can:
- Your employment contract and job description
- Any warning letters, performance reviews, or emails leading up to your dismissal
- The official termination letter (if provided)
- Notes or memories of key conversations
- Witness names, if anyone else was present during meetings or discussions
This information helps build a clearer picture of whether your dismissal was handled properly — or whether your employer cut corners or breached your rights.
Understand Your Employer’s Obligations
Australian employers are required to meet several legal obligations when terminating an employee. These include:
- Providing valid reasons for dismissal (related to conduct, capacity, or business needs)
- Giving the employee a chance to respond before finalising the decision
- Allowing a support person in meetings, if requested
- Following a fair process, particularly when performance or behaviour is the reason for dismissal
For redundancies, the employer must prove the role is genuinely no longer needed — not simply that they wanted to replace you with someone else or restructure without consultation.
If your employer failed to meet any of these obligations, that’s a red flag — and you may be entitled to challenge the dismissal.
Lodge a Claim with the Fair Work Commission
If you believe your dismissal was unfair, the first formal step is lodging an Unfair Dismissal Application (Form F2) with the Fair Work Commission.
Things to keep in mind:
- You must lodge it within 21 calendar days from the date your dismissal took effect
- There’s a filing fee (currently around $83), but you can apply for a waiver if you’re facing financial hardship
- The Commission will usually arrange a conciliation session to help you and your former employer reach an agreement — often without needing to go to a hearing
Outcomes of unfair dismissal claims may include:
- Reinstatement (being given your job back)
- Compensation (up to a maximum of 26 weeks’ pay)
- A statement of service or reference
- A negotiated settlement or apology
While not all claims succeed, many employers prefer to settle out of court to avoid drawn-out disputes or reputational harm — particularly if they know they didn’t handle things correctly.
Consider Whether Other Laws May Apply
Not all unlawful terminations fall neatly under the banner of “unfair dismissal.” In some cases, your rights may have been breached under other workplace laws. For instance:
- General Protections under the Fair Work Act protect you from being fired because you exercised a workplace right (like taking sick leave, making a complaint, or being part of a union)
- Discrimination laws protect against dismissal based on race, sex, disability, religion, age, or other protected attributes
- Whistleblower protections apply if you were terminated after reporting unethical or unlawful conduct
These types of claims follow a different process to unfair dismissal and may allow you to seek higher compensation or more extensive remedies. If you’re unsure which category your situation falls under, professional advice is invaluable.
Be Careful What You Say (and Post)
In the age of social media, it’s tempting to vent frustration online after a bad experience at work. But while the emotions are real, what you say publicly can be used against you — especially if your matter ends up in front of the Fair Work Commission or a legal proceeding.
If you’re pursuing a claim, avoid:
- Posting about your employer, managers, or co-workers on social platforms
- Sending angry emails or texts to your former workplace
- Discussing confidential information in public forums
Stay professional, even when it’s hard. Your credibility and conduct can play a big part in how your case is handled — and how likely it is to succeed.
Focus on Moving Forward (While Protecting Your Rights)
While standing up for yourself is important, it’s also worth looking after your future. If you’re unemployed, make sure you:
- Apply for Centrelink support if needed
- Update your CV and start job-hunting once you feel ready
- Reach out to your professional network for leads or referrals
- Request a statement of service from your former employer (even if you’re disputing the termination — you’re still entitled to it)
Don’t let an unfair dismissal define your confidence or derail your next steps. Plenty of people bounce back stronger with a clearer sense of what they will and won’t accept in their next role.
Losing a job unjustly can shake your confidence — but it doesn’t have to shake your rights. By acting quickly, knowing the signs of unlawful termination, and seeking the right support, you can take control of the situation and ensure you’re treated fairly. Whether that means pursuing a claim, negotiating a better exit, or simply gaining closure, you’re not powerless — and you don’t have to go it alone.
