Unfair Dismissal Eligibility Quiz
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.
Introduction
The quiz only takes a few minutes and gives you a clear picture of your options.
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.
Before you start, it helps to have the following in mind:
Your employment status (employee, contractor, casual, etc)
Length of service with your employer
Date of your dismissal (or resignation, if you believe you were forced out)
Your annual income or whether you were covered by a modern award or enterprise agreement
Size of your employer’s business (15 or more employees vs small business)
This will help you complete the quiz accurately.
Unfair Dismissal Eligibility Quiz
Are there time limits for lodging an unfair dismissal claim?
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.
Why make an unfair dismissal claim?
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
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.
Compensation
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.
Service Record
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.
Internal Records
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.
How the unfair dismissal process works
We make the unfair dismissal process simple and transparent. Here’s what to expect:
Get in touch
Unfair Dismissal Application
Conciliation Conference
Hearing before the Commission
Get in touch
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.
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.
Conciliation Conference
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.
Hearing before the Commission
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.
We’re here to protect
your workplace rights
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.
Why choose us for your unfair dismissal claim?
Our unfair dismissal lawyers deliver specialist advice, personal service and proven results in unfair dismissal matters.
Direct Access to Lawyers
You deal directly with experienced employment lawyers, which means you get timely advice and clear answers when you need them most.
Clear, Commercial Advice
We explain your options in plain English and give you practical recommendations that focus on results, not legal jargon.
Strong Track Record
Most of our unfair dismissal claims are resolved at conciliation, saving you the stress, cost, and time of going to a formal hearing.
Personalised Strategy
We invest in understanding your goals and align our strategy with them, ensuring outcomes that protect your rights and support your future.
