The 21-day deadline you cannot miss. An unfair dismissal application must be lodged with the Fair Work Commission within 21 days after the dismissal takes effect. Extensions are only granted in exceptional circumstances. Do not let the clock run while you decide what to do.
Who can bring an unfair dismissal claim?
Under the Fair Work Act 2009 (Cth), a person generally needs to meet all of the following:
- They were dismissed (including being forced to resign — constructive dismissal)
- They completed the minimum employment period — 6 months, or 12 months if the employer has fewer than 15 employees
- They earn below the high-income threshold, or are covered by a modern award or enterprise agreement
- The dismissal was not a genuine redundancy, and where a small business is involved, the employer did not comply with the Small Business Fair Dismissal Code
How conciliation and mediation resolve these disputes
When an unfair dismissal application is lodged, the Fair Work Commission usually offers a conciliation — an informal, confidential discussion run by an impartial conciliator. The conciliator does not decide who is right; they help the parties explore a settlement. Around three in four unfair dismissal cases are resolved at this stage, without ever reaching a Commission Member for a decision.
Because the parties design the outcome themselves, a settlement can include things a tribunal cannot order:
- an agreed compensation payment
- an agreed statement of service or reference
- a non-disparagement agreement
- a mutual release, ending the dispute for good
- confidentiality over the terms
Private mediation with Mediations Australia can run alongside or instead of the Commission's own process, giving you more time, more privacy and a mediator matched specifically to your matter.
| Mediation | Formal FWC hearing | |
|---|---|---|
| Timeframe | Weeks — often one session | Months to over a year |
| Cost | Fixed, shared, transparent | Legal fees + preparation + witnesses |
| Outcome control | Parties decide | Commissioner decides |
| Confidential | Yes — without prejudice | No — decisions are published |
| Remedies available | Flexible — agreed terms | Capped compensation or reinstatement |
When to be cautious
If a dismissal is bound up with allegations of serious misconduct, discrimination or bullying, there may be additional legal avenues and different time limits to consider. A general protections claim has a much shorter lodgement window in dismissal cases — see our general protections and discrimination guide. Getting early advice ensures you choose the right pathway and do not inadvertently give up a right.
Support and further help
Fair Work Commission — unfair dismissal process and forms
Fair Work Ombudsman — workplace rights and entitlements
Legal Aid NSW — free legal help for eligible people
Lifeline: 13 11 14 · Beyond Blue: 1300 22 4636
This page is for general information only and does not constitute legal advice. For personalised guidance, please consult a qualified legal professional or accredited mediator.