Australia Unfair Dismissal Eligibility Checker
Enter your length of service, small business status, award coverage, earnings, and dismissal date, to see whether you appear to meet the eligibility requirements to apply for unfair dismissal at the Fair Work Commission, and your strict application deadline. This checks eligibility only, not the merits of your case. Free, instant, and calculated entirely in your browser; no sign-up.
Enter the date your dismissal took effect to see your eligibility check and application deadline.
Eligibility is not merit. Meeting these requirements only means you are entitled to lodge an unfair dismissal application with the Fair Work Commission. It says nothing about whether the Commission would find your dismissal unfair. This tool never predicts an outcome, and does not assess general protections claims, which use a different test and carry the same 21-day deadline but no compensation cap.
This tool applies the published National Employment Standards eligibility rules only. It does not access any record of your employment, does not file anything, and is not legal advice. RecordingLaw.com is not a law firm and is not affiliated with the Fair Work Commission or any Australian government body. Consult a legal practitioner admitted in the relevant Australian state or territory, especially if your deadline is close.
The 21-Day Deadline
An unfair dismissal application must be made within 21 days after the dismissal took effect (Fair Work Act 2009 (Cth) s 394(2)). The Fair Work Commission can only extend that deadline where it is satisfied there are exceptional circumstances, weighing the reason for the delay, what action you took to dispute the dismissal, any prejudice to the employer, the merits of the application, and fairness compared with others in a similar position. General protections dismissal applications run on the same 21-day deadline, not a longer one; the genuine difference is that general protections claims carry no compensation cap and use a reverse-onus test rather than a fairness assessment. See general protections and adverse action for that separate pathway.
Eligibility Is Not Merit
Meeting the eligibility requirements checked here, the minimum employment period, the earnings test where it applies, and the deadline, means you are entitled to lodge an application. It does not mean the Fair Work Commission would find your dismissal unfair. The Commission separately weighs whether there was a valid reason for the dismissal related to your capacity or conduct, whether you were notified of that reason and given a chance to respond, and other matters of fairness in the process. This tool does not assess any of that, and never predicts an outcome. See unfair dismissal in Australia for the full explainer of how the Commission decides a case, and how the Fair Work Commission works for the process end to end.
Frequently Asked Questions
What is the minimum employment period to apply?
Generally 6 months of continuous service with your employer. If your employer is a small business employer with fewer than 15 employees, the minimum rises to 12 months (Fair Work Act 2009 (Cth) ss 23, 383).
Does the high income threshold always exclude me if I earn a lot?
No. The earnings cap only excludes an employee who is not covered by a modern award or enterprise agreement. If you are covered by an award or enterprise agreement, the high income threshold does not apply to you at all, regardless of your earnings.
What is the high income threshold right now?
For a dismissal that takes effect on or after 1 July 2026, the threshold is $190,100 (FY2026-27). For a dismissal between 1 July 2025 and 30 June 2026, it was $183,100 (FY2025-26). The figure that applies is fixed by the date of your dismissal, not the date you apply.
I missed the 21-day deadline. Is my claim automatically over?
Not automatically, but it is a serious problem. The Fair Work Commission can only extend the deadline where it is satisfied there are exceptional circumstances, which is a high bar. Do not wait to get advice if you are close to or past the deadline.
What can I actually get if my application succeeds?
Reinstatement is the primary remedy the Fair Work Act contemplates, with compensation as an alternative where reinstatement is not appropriate. Compensation is capped at the lesser of the compensation cap for the relevant financial year and 6 months of pay, and it cannot include an amount for shock, distress or humiliation (Fair Work Act 2009 (Cth) s 392).
Is this different from a general protections claim?
Yes. Both use the same 21-day deadline for a dismissal, but they are different legal tests. Unfair dismissal asks whether the dismissal was harsh, unjust or unreasonable and applies a compensation cap. General protections asks whether the employer took adverse action for a prohibited reason, places the burden on the employer to disprove that reason once you raise it, and carries no compensation cap.
Does this tool store what I enter?
No. Everything runs in your browser. Nothing you enter is saved, transmitted, or used to contact you.
This tool checks the published National Employment Standards eligibility rules for an unfair dismissal application under the Fair Work Act 2009 (Cth), current as at 19 July 2026. It checks eligibility to apply only and never assesses or predicts the merits of a claim. It does not access any record of your employment, does not file anything, and is not legal advice. RecordingLaw.com is not a law firm and is not affiliated with the Fair Work Commission or any Australian government body. Consult a legal practitioner admitted in the relevant Australian state or territory promptly, especially if your deadline is close.
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