If you have been dismissed from your job, our unfair dismissal lawyers can help. If your termination was harsh, unreasonable or unfair, you may be entitled to make a claim under the Fair Work Act.
Unfair dismissal law is complex, with strict time limits and eligibility rules, but our experienced employment lawyers are here to give you clarity and act quickly to protect your rights.
If you’ve lost your job and it feels harsh, unreasonable, or unfair, you may have been unfairly dismissed.
The Fair Work Act 2009 (Cth) sets out when a dismissal is considered harsh, unjust, or unreasonable — but in simple terms, you may have a claim if your employer dismissed you:
Our experienced unfair dismissal lawyers can assess your situation and tell you whether your termination was harsh, unjust or unreasonable.
Think you may have been unfairly dismissed?
This unfair dismissal eligibility quick quiz will help you understand whether you might be eligible to lodge an unfair dismissal application with the Fair Work Commission.
It is not legal advice, but it’s a useful first step. If you are unsure, we strongly recommend contacting us to get advice tailored to your situation.
Yes — and they’re strict.
You only have 21 days from the date of your dismissal to lodge a claim with the Fair Work Commission. Late claims are only accepted in rare and exceptional circumstances.
That’s why it’s critical to speak with an unfair dismissal lawyer as soon as possible. We can act quickly to prepare and file your claim so you don’t miss the deadline.
The Fair Work Commission will carefully look at the circumstances of your dismissal. It considers things like:
The Commission also looks at whether you were warned about poor performance before being dismissed, and whether your employer’s size or lack of expertise affected how the dismissal was handled.
We know what the Commission expects and we’ll build your case around the strongest points in your favour.
An unfair dismissal claim is about more than challenging the way your employment ended — it’s about restoring fairness and protecting your future.
When we prepare and pursue your claim, we seek practical outcomes that put you in the best position moving forward. These outcomes are often negotiated and resolved at the conciliation stage, without the stress of a hearing.
By engaging our unfair dismissal lawyers, you can pursue remedies such as reinstatement, compensation, a statement of service, or corrections to your employment record.
Reinstatement is the primary remedy in unfair dismissal cases. If you want your job back, we can ask the Commission to order your employer to return you to the position you held before your dismissal, or to a comparable role on no less favourable terms.
Where reinstatement is not appropriate, you may be awarded compensation for the financial loss you’ve suffered. This can be up to a maximum of six months’ pay, depending on your circumstances. We will fight to maximise the amount you receive.
Future job opportunities shouldn’t be put at risk by the way your previous employment ended. We can seek an order requiring your employer to provide a comprehensive statement of service confirming your role, responsibilities and period of employment, so you have a reliable reference.
Your employment history matters. To support your next career move, we can ask the Commission to direct your employer to update their internal records to protect your professional reputation. For example, changing the record of your termination to a resignation.
We make the unfair dismissal process simple and transparent. Here’s what to expect:
Call us on (02) 8287 3118 or email us at enquiries@axelegal.com.au to get started.
When you contact Axe Legal, you’ll speak directly with one of our unfair dismissal lawyers who will take time to understand your situation and goals, then give you clear advice on your unfair dismissal claim.
During our initial consultation, we’ll outline our recommendations, explain the likely outcomes, and provide an estimate of costs. We’ll also gather the information needed to confirm your eligibility and prepare your unfair dismissal application.
We prepare a detailed draft of your unfair dismissal application and send it to you for review and approval. Once you’re comfortable with the contents, we lodge it with the Fair Work Commission on your behalf and keep you updated every step of the way.
As part of the process, your employer will have the opportunity to respond to the claim. In some cases, they may also raise objections about jurisdiction or eligibility. We’ll address these issues directly and ensure your application stays on track.
Once your employer has filed their response or raised any objections, the Fair Work Commission will schedule a conciliation conference. This is the first opportunity to resolve your unfair dismissal claim without the need for a formal hearing.
During the conference, we explain why your dismissal was unfair, present your case clearly, and negotiate directly with your employer and the conciliator. Most claims are resolved at this stage, with outcomes such as compensation or an agreed statement of service.
If a settlement is reached, the claim is finalised and the Commission closes the application. Our goal is always to secure a fair result for you as early as possible, with minimum stress and cost.
If your matter does not resolve at conciliation, it will move to a formal hearing before a Commission Member. At this stage, the Commission will hear evidence from both sides and decide whether your dismissal was unfair.
We handle everything for you — preparing witness statements, gathering supporting documents, and presenting strong submissions on your behalf. At the hearing, we advocate for the best outcome, whether that is reinstatement, compensation, or protecting your employment record.
Throughout the process, we keep you fully informed so you understand your options and feel confident that your case is being managed with expertise and care.
Losing your job is stressful, but our unfair dismissal lawyers make the process clear and fight for the best outcome — whether that’s compensation, reinstatement or protecting your reputation.
Our unfair dismissal lawyers deliver specialist advice, personal service and proven results in unfair dismissal matters.
You deal directly with experienced employment lawyers, which means you get timely advice and clear answers when you need them most.
We explain your options in plain English and give you practical recommendations that focus on results, not legal jargon.
Most of our unfair dismissal claims are resolved at conciliation, saving you the stress, cost, and time of going to a formal hearing.
We invest in understanding your goals and align our strategy with them, ensuring outcomes that protect your rights and support your future.
