Where do I Lodge an Unfair Dismissal or Unlawful Termination Claim?
You need to decide whether federal or state employment law applies. Get legal advice.Unfair dismissal claims can be lodged with • the Western Australian Industrial Relations Commission (WAIRC). (WAIRC is prevented from dealing with a claim of unfair dismissal where the employer is a trading or financial or a foreign corporation) or • Fair Work Australia (There is a fee to make the application).Certain employees are excluded from applying for unfair dismissal. Get legal advice as soon as possible about whether you are excluded and what other options you may have. You should always get advice about where to go to before you start any action. An unlawful termination claim based on discrimination can be lodged with Fair Work Australia. There is a fee to make the application.You should get legal advice before starting an unlawful termination claim.You can also make a complaint to the Fair Work Ombudsman about unlawful termination.
