Fair Work Centre — For Employers
An employee has 21 days to lodge an unfair dismissal claim with the Fair Work Commission. If you’ve received a notice — or you’re planning a termination and want to get it right first time — speak to a dedicated employment lawyer today.
The Problem
Unfair dismissal claims are lodged with the Fair Work Commission and assessed under the Fair Work Act 2009 — including whether the dismissal was harsh, unjust or unreasonable, and whether a fair process was followed. Employers who prepare early are far better placed to defend a claim or resolve it before it escalates.
Once a dismissed employee lodges an F2 application, the Fair Work Commission moves quickly to conciliation. Employers who don’t respond properly within the window lose negotiating leverage.
Unfair dismissal compensation is capped at 26 weeks’ pay or half the high income threshold — but legal fees, management time and reputational damage go well beyond that if a claim isn’t handled properly.
Most employers who lose unfair dismissal cases had a valid reason to dismiss — they just didn’t follow a fair process. Warnings, procedural fairness and documentation are what decide these cases.
If you employ fewer than 15 staff, the Small Business Fair Dismissal Code applies instead of the standard unfair dismissal test. Getting this wrong is a common and costly mistake.
How We Help
Fair Work Centre gives Australian employers direct access to a dedicated employment lawyer — not a call centre — to manage unfair dismissal risk from both sides: defending existing claims, and preventing new ones through proper process.
How It Works
Call 1300 161 828 or book a free initial advice call — tell us where things stand.
No call centre — you’ll speak directly with an employment lawyer who reviews your situation.
Get a clear plan — whether that’s responding to a claim or documenting a termination properly.
Speak to a dedicated employment lawyer before you respond to a claim — or before you make a termination decision.
Membership
Common Questions
An employee generally has 21 days from the date of dismissal to lodge an unfair dismissal application (Form F2) with the Fair Work Commisdsion. The Commission can only extend this in exceptional circumstances, so employers should respond to any dismissal-related correspondence quickly.
If your business has fewer than 15 employees, dismissals are assessed against the Small Business Fair Dismissal Code rather than the standard unfair dismissal test. Following the Code’s checklist and keeping records of the process is one of the strongest defences a small employer has.
Compensation is capped at the lesser of 26 weeks’ pay or half the high income threshold (rising to $175,000 from 1 July 2026). Reinstatement is also a possible remedy. Beyond the cap, employers typically face legal costs, management time and disruption, which is why prevention matters as much as defence.
Unfair dismissal focuses on whether the dismissal was harsh, unjust or unreasonable, and has a compensation cap and minimum employment period. General protections claims allege dismissal for a prohibited reason (like exercising a workplace right) and have no compensation cap and no minimum employment period — making them higher risk.
Generally no — except in cases of serious misconduct. For performance or conduct issues, the Fair Work Commission expects employers to have given at least one clear warning and a genuine opportunity to improve before dismissal, unless the conduct is serious enough to justify summary dismissal.
You’re not legally required to have representation, but the Fair Work Commission’s conciliation process moves quickly and outcomes are heavily influenced by how the employer’s position is presented. Getting advice before your first conciliation call significantly improves your negotiating position.
No. Fair Work Centre is an independent private advisory service for employers. We are not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Fair Work Centre is an independent private organisation providing advisory services to employers only. It is not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Speak to an Employment Lawyer at Fair Work Centre
To change or request cancellation of your Client Membership, please email us with your request at: info@fairworkcentre.com.au.
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