Most Australians have no idea what their workplace rights are until circumstances force them to find out. Lose your job or end up in a situation that feels off, and suddenly you’re asking all sorts of questions: Was this legal? Do I have a claim? How long do I have? Where do I even start?
Australia is the cream of the crop when it comes to workplace protections. The Fair Work Act 2009 contains some of the strongest safeguards in the world, covering most private-sector employees with minimum entitlements, protection from adverse action, and access to a free national tribunal where you can file a dispute without a lawyer.
But most people only discover this framework (if they discover it at all) after things turn sour (and by then, some deadlines are already looming).
A simple call to the Fair Work Commission, your state Law Society, or an employment law firm (at cost) will give you the information you actually need.
When I’ve been in the redundancy hot seat, I reached out to a financial advisor and accountant, who immediately knew exactly what I was entitled to and how I would manage financially.
When I was unsure whether I was being mishandled or told the truth, an employment lawyer’s initial advice and review of documentation gave me the confidence to ask for what I needed.
The several hundred dollars invested here saved me several thousand (plus major uncertainty; being able to say ‘I’ve had my solicitor review these documents’ gave me much greater leverage with HR).
So to help make the process easier for you too, I’m serving up the goods: your redundancy entitlements, unfair dismissal rights, the Fair Work process, and where to get free help (without the government factsheet energy).
If you are navigating redundancy, employers usually allow time to explore job opportunities within your organisation that exist at the time redundancy conversations start.
Depending on your employer’s size, the timing, what’s actually available, and internal policy, this can also open the door to negotiating or extending the deadlines attached to those decisions (pursuing an internal transfer and interview process, for example, or agreeing to the terms of your redundancy).
One thing to flag: In some cases, this can affect your final redundancy calculation, so read any offer carefully before signing (or get someone else to read it for you).
The Fair Work Commission (FWC) is Australia’s independent workplace relations tribunal, handling disputes between employees and employers. It’s free to file, and you don’t need a lawyer.
It handles:
Contact: fwc.gov.au | 1300 799 675 | Available in multiple languages
To lodge an unfair dismissal claim with the Fair Work Commission, you’ll need to tick all of these:
Legally, a genuine redundancy means the role truly no longer exists, and your employer followed proper consultation obligations under any applicable award or enterprise agreement.
If your role was filled by someone else shortly after you left, or you weren’t properly consulted, the Fair Work Commission may find it wasn’t genuine. That changes things.
Applications must be lodged within 21 calendar days of dismissal, and that deadline is firm. 21 days. Not business days. Calendar days. Late applications are rarely accepted, so if you’re wondering whether you have a claim, this is the week to find out.
File at fwc.gov.au or call 1300 799 675.
Once you lodge, here’s what you can expect:
Step 1. Application lodged. Filed online within 21 days.
Step 2. Employer responds. Usually within 7 days.
Step 3. Conciliation. A Fair Work conciliator facilitates a private discussion between both parties. Most claims are resolved here, without going further.
Step 4. Hearing. If conciliation doesn’t resolve things, the case proceeds to a formal hearing before a Commission Member.
If the Fair Work Commission finds you were unfairly dismissed (pop the limoncello!), you have two options: reinstatement or compensation.
This is the remedy the Commission prefers: returning you to your formal role (or a comparable one) on the same terms.
Of course, not many people are keen to return to a workplace where the relationships may have gone a little bitter, so compensation is the more common outcome.
Compensation for unfair dismissal is either 26 weeks’ pay or half the high-income threshold, whichever is lower.
The Commission considers things such as lost income, your efforts to find new work, any misconduct that contributed to the dismissal, and whether reinstatement is inappropriate.
Here’s one worth knowing about. If your employer made working conditions so unpalatable that you felt you had no real option but to resign (persistent bullying, major pay cuts, demotion, or removal of your duties), the law may treat your resignation as a dismissal.
This is called constructive dismissal, and the same 21-day deadline applies from the date you resigned.
Constructive dismissal claims can also include a compensation component if the Commission finds the forced resignation was unjust. The same remedies framework applies as for unfair dismissal.
If this sounds like your situation, contact the Fair Work Ombudsman or a legal centre sooner rather than later.
Planning your exit from a toxic role? See Your Exit Plan: how to leave without losing your financial safety net.
Most Australian workers are covered by a modern award or enterprise agreement – a sweet blend of workplace rights underneath your employment contract.
It covers things like:
Your award may actually give you more than the National Employment Standards alone, so it’s worth knowing what’s in your particular mix before you accept any settlement or sign anything.
Use the Pay and Conditions Tool (PACT) to find out which award applies to your role.
Workplace bullying is repeated, unreasonable behaviour that creates a risk to both physical and psychological health and safety. Under the Work Health and Safety Act, employers have a legal duty on both counts.
One thing worth being clear about: bullying isn’t a tough performance conversation, feedback you disagree with, or a manager you find difficult. It has to be a pattern of behaviour, not a single incident. That distinction matters for what you can actually do about it.
If you’re being bullied:
You don’t need to pay for initial guidance. There’s a veritable buffet of free services across the country, and most people don’t know they exist until they need them.
| Service | Contact & who it helps | Who it helps |
|---|---|---|
| Fair Work Ombudsman | fairwork.gov.au | 13 13 94 | Pay, entitlements, dismissal advice – all employees |
| Community Legal Centres | clcs.org.au/legal-help/ | All individuals, income tested |
| Law Access /
Legal Aid (by state) |
legalaid.nsw.gov.au, legalaid.vic.gov.au etc. | Eligible applicants |
| Slater + Gordon | slatergordon.com.au | Free initial consult; no-win no-fee employment options |
| Maurice Blackburn | mauriceblackburn.com.au | Free initial consult; no-win no-fee employment options |
| JobWatch (VIC) | jobwatch.org.au | 9662 1933 | Employment rights & referrals (for Victorians) |
| Working Women’s Centre (SA, NT) | workingwomen.asn.au | Specialist support for women in the workforce |
What are my rights if I’m dismissed in Australia?
More than most people realise! At a minimum: notice pay (or payment in lieu), accrued annual leave, and (if you’ve been there more than 12 months) redundancy pay.
You also have the right to challenge the dismissal at the Fair Work Commission if it felt off, but you have exactly 21 calendar days from dismissal to do it.
The Fair Work Ombudsman (13 13 94) can walk you through your specific entitlements for free.
How much redundancy pay am I entitled to?
It depends on how long you’ve been with your employer. We cover this in What to Do in the First 48 Hours, including the pay scale, what’s in your final pay, and the small business exemption.
For a quick taste, Fair Work’s Pay and Conditions Tool will show you what applies to your role specifically.
What is the unfair dismissal threshold in Australia?
Your annual earnings need to be below $190,100 to access unfair dismissal protections (current from 1 July 2026 – indexed annually, so check fairwork.gov.au before lodging).
If you’re covered by a modern award or enterprise agreement, the threshold doesn’t apply regardless of what you earn.
How long does a Fair Work unfair dismissal claim take?
Most claims that settle at conciliation (the first stage) wrap up within 6–12 weeks of lodging. If it goes to a formal hearing, add another few months.
The Commission generally schedules conciliation within 4–6 weeks of your application. That’s faster than most people expect, which is one reason it’s worth asking the question early.
Is pursuing unfair dismissal worth it?
For a claim with clear merit: probably yes. The filing fee is around $100 (as of June 2026), most cases settle at conciliation without ever reaching a hearing, and the process moves more quickly than the legal system generally does.
What it’s worth depends on the strength of your claim, your financial situation, and how much of your headspace you can give it right now.
A free call to the Fair Work Ombudsman or a community legal centre will give you an honest read before you commit to anything.
What’s the difference between unfair dismissal and constructive dismissal?
Unfair dismissal is when you were formally let go and the dismissal was unjust, harsh, or unreasonable. Constructive dismissal is when you technically resigned, but only because your employer made conditions so unpalatable that leaving felt like the only option.
Both are grounds for a Fair Work Commission claim, and both carry the same 21-day deadline from the day you left.
Can a genuine redundancy still be an unfair dismissal?
Yes, and this one catches people out. A redundancy can be genuine (the role truly no longer exists) and still be an unfair dismissal if the employer didn’t follow proper consultation obligations, failed to consider redeployment, or didn’t meet the requirements of an applicable award or enterprise agreement.
The complete Career First Aid Kit, every section, detail, and link, is available as a free PDF you can save, print, or pull up without Wi-Fi.
This post is part of the Career First Aid Kit – a practical guide for Australians navigating job loss, redundancy, and career crisis.
Disclaimer: This guide is intended as general information only and does not constitute legal or financial advice. Verify the latest information at fairwork.gov.au and servicesaustralia.gov.au. Last reviewed June 2026.
Founder & Managing Director, The Sorbetto Group
I spent over two decades in change management and organisational consulting across government, financial services, defence, and resources before I started paying closer attention to a pattern I kept seeing everywhere.
Talented, capable professionals hitting a wall in their careers and having no real framework for what to do next. Not because they lacked ambition or ability but because the gap between wanting to move and knowing how to move is wider than most people expect, and almost nobody is addressing with any real rigour.
That gap is what I built The Sorbetto Group to close.
At The Sorbetto Group, we acknowledge the Traditional Custodians of Country throughout Australia. We pay our respects to Elders past, present, and emerging and celebrate the stories, culture and traditions of the Aboriginal and Torres Strait Islander peoples who also work and live on this land.
