Losing a job is stressful, and the paperwork can feel like the last thing you want to deal with. But if you think your dismissal was unfair, the clock starts straight away. This guide explains the time limit in plain language. It is general information, not legal advice.
The short answer
You usually have 21 days from the day your dismissal took effect to lodge an unfair dismissal application with the Fair Work Comission (FWC)
The 21 days include weekends and public holidays. They are calendar days, not working days.
Working out your deadline
When the 21 days start
The count starts the day after your dismissal took effect. That is normally your last day of employment, not the day you were told.
A worked example
Dismissal took effect: Monday 3 AugustDay 1: Tuesday 4 AugustDay 21 (last day): Monday 24 August
What to do this week
Write down the date your dismissal took effect.
Count 21 calendar days forward and mark the last day.
Gather your documents (see the list below).
Lodge your application before the last day, even if it is not perfect.
Documents worth collecting
Your termination letter or email
Your employment contract and recent payslips
Any warnings, meeting notes or messages about the dismissal
If you have missed the deadline
You can still apply and ask for more time, but late applications are only accepted in exceptional circumstances. Explain clearly why you were late and apply as soon as you can.
If you are unsure about any of this, a community legal centre or your union can help you check your dates.
