How do I lodge an unfair dismissal claim under commonwealth law?
Is there a time limit? An application for unfair dismissal must be lodged with Fair Work Australia (FWA) within 14 days after termination of employment. The FWA can extend this period. The FWA may dismiss an application for unfair dismissal if it is clear that: • the employee is excluded by the legislation from bringing an unfair dismissal claim • the case was a case of genuine redundancy • the dismissal was consistent with the small business fair dismissal code • the employee has not completed the necessary six month qualifying period • the application was not made within 14 days of termination and does not warrant an extension of that time limit. If the unfair dismissal application is accepted (i.e. it is not excluded on the grounds listed above), the FWA may decide whether to hold a hearing or a conference. At any time the FWA may decide that a conference should be terminated and a hearing held instead. After the conference the FWA decides if the matter should go on further to a hea
