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Employer guide

Unfair dismissal and general protections

Two different claims an employee can bring when a job ends. What the Commission looks at, and what to get right before you act.

For national system employers · Current as at 3 November 2026

Check which workplace relations system applies

These guides concern the national Fair Work system. In WA, coverage can depend on the employer's legal identity, activities and arrangements. A business structure alone may not settle the question, particularly for trusts, partnerships and not-for-profit organisations.

Do not use these checklists to decide jurisdiction or whether an action is lawful. Check official Fair Work coverage guidance, or contact us.

The basics

  • Two different questions.Unfair dismissal asks whether a dismissal was harsh, unjust or unreasonable. General protections asks why you acted, and whether the reason was unlawful.
  • 21 days to claim.Both claims must usually be lodged within 21 days of the dismissal taking effect. Most settle at conciliation.
  • Thresholds differ.Unfair dismissal has eligibility thresholds. General protections has none, and you must prove your reason.
  • Decided before the dismissal.Most claims are won or lost on your reason, your process and your records, all of which come before the dismissal.

Two claims, side by side

The same dismissal can lead to either claim, and the employee chooses which to bring.

The question

Was the dismissal harsh, unjust or unreasonable?

Who can claim

Employees who have served the minimum employment period (6 months, or 12 with a small business) and either earn under the high income threshold ($190,100 from 1 July 2026) or are covered by an award or enterprise agreement.

Protected reasons

Reasons alone don't decide it. The Commission weighs your reason and your process together.

Time limit

21 days after the dismissal takes effect. Late claims are accepted only in exceptional circumstances.

Who proves what

The Commission weighs whether there was a valid reason, whether the employee was told it and could respond, and whether the process was fair.

Where it goes

Conciliation first, then a Commission hearing or conference if it doesn't settle.

What's at stake

Reinstatement, or compensation capped at the lesser of 26 weeks' pay and $95,050 (from 1 July 2026).

Before you dismiss: what the Commission will look at

Tick what you could prove today. This won't tell you whether a dismissal is fair. It shows where the Commission will look.

Why is the employment ending?
How many employees?
Ticked0 of 11
  • Why it matters

    A sound, defensible reason, not a pretext. It's the first thing the Commission considers.

  • Why it matters

    The reason has to be put to the employee clearly, before the decision is made.

  • Why it matters

    A meeting where the outcome is already decided doesn't count as a chance to respond.

  • Why it matters

    Employees can have a support person at discussions about dismissal.

  • Why it matters

    Warnings should be specific and documented, and give a reasonable chance to improve.

  • Why it matters

    A genuine redundancy means the job itself has gone. Refilling the role soon after undermines it.

  • Why it matters

    Most awards and agreements require consultation about major change. Skipping it can make a redundancy not genuine.

  • Why it matters

    In 2025 the High Court confirmed the Commission can ask whether you could have redeployed people into work done by contractors.

  • Why it matters

    NES notice depends on service and age. Small business employers are generally exempt from NES redundancy pay, but exceptions can apply when a larger business downsizes before bankruptcy or liquidation. An award or agreement may also require redundancy pay.

  • Why it matters

    If it isn't written down, expect an argument about whether it happened.

  • Why it matters

    If you followed the Code, the dismissal is treated as fair. Keep evidence, such as warnings and the Code checklist.

Tick each point you could prove today.

A claim has landed: what happens next

The first week matters most. Step through the process.

The employee lodges a claim

Within 21 days of the dismissal

What the law requires

The employee applies to the Fair Work Commission: Form F2 for unfair dismissal, Form F8 for general protections. Late claims are accepted only in exceptional circumstances.

Where employers slip

Assuming a claim is out of time without checking exactly when the dismissal took effect.

Step 1 of 5

Questions employers ask us

The general position only. Every answer turns on your facts, your award or agreement, and your records.

They resigned. Can they still claim?

What the law looks at

  • Yes, if your conduct, or your managers’ conduct, forced the resignation.
  • The Commission looks at whether the employee had a real choice.
  • A resignation given in the heat of the moment needs careful handling before you accept it.

Ask us about your situation

They earn more than $190,100. Are we safe from a claim?

What the law looks at

  • Only from unfair dismissal, and only if no award or enterprise agreement covers them.
  • General protections, discrimination and breach of contract claims are still open.
  • The high income threshold is indexed every 1 July.

Ask us about your situation

Can a casual bring an unfair dismissal claim?

What the law looks at

  • Only if they worked on a regular and systematic basis, reasonably expected that to continue, and served the minimum employment period.
  • General protections claims are open to all casuals.

Ask us about your situation

Do general protections only apply when someone is dismissed?

What the law looks at

  • No. Any adverse action counts if it’s for a protected reason, such as demoting someone, changing their duties to their detriment, or refusing a promotion.
  • Claims about action short of dismissal aren’t limited to 21 days.

Ask us about your situation

What does the Small Business Fair Dismissal Code require?

What the law looks at

  • For summary dismissal: a reasonable belief that the conduct was serious enough, such as theft, fraud, violence or a serious safety breach.
  • For other dismissals: tell the employee why they’re at risk, warn them, and give them a chance to respond and to improve.
  • Evidence that you followed it, such as warnings, notes and the Code checklist.

Ask us about your situation

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Official sources

Check the current rules and how they apply to your circumstances.