🇬🇧🇺🇸 AU · Employment Law · Updated 2026-06-27
How do I make an unfair dismissal claim in Australia?
Lodge an application with the Fair Work Commission (FWC) using Form F2 within 21 days of your dismissal taking effect. The FWC will hold a conciliation conference first. If unresolved, a formal hearing follows. Compensation is capped at approximately $46,500.
To make an unfair dismissal claim, file Form F2 (Application for unfair dismissal remedy) at fwc.gov.au within 21 days of the day your dismissal took effect (usually your last working day). The lodgement fee is $88.90 (waivable on financial hardship grounds). You will need to provide details of your employment, the circumstances of dismissal, and what remedy you seek.
After lodgement, the FWC will schedule a conciliation conference — usually by telephone within 2–4 weeks. Most cases (around 70%) settle at this stage. If conciliation fails, the matter proceeds to a formal hearing (arbitration) before a Member of the Commission. Hearings are less formal than courts but legally binding.
Remedies available are: reinstatement to your former position (the primary remedy) or, if reinstatement is impractical, compensation up to a maximum of 26 weeks' pay (capped at half the high income threshold — approximately $46,500 for 2026/27). The Commission must consider factors including the employee's length of service, conduct, and attempts to mitigate loss.
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