Unfair Dismissal — The Basics

Who can apply

To bring an unfair dismissal claim you generally need:

• To have completed the minimum employment period — 6 months, or 12 months if your employer is a small business (fewer than 15 employees); and
• To earn under the high income threshold, or be covered by an award or enterprise agreement (most employee optometrists are covered by an award or common-law contract referencing one, so this is usually satisfied).

What makes a dismissal “unfair”

The Fair Work Commission considers whether the dismissal was harsh, unjust or unreasonable, including whether there was a valid reason, whether you were told the reason and given a chance to respond, and whether the process was reasonable.

Time limit

21 days from the date of dismissal to lodge with the Fair Work Commission. This is strict and rarely extended — don’t sit on it while you weigh up your options.

Where to go next

• Fair Work Ombudsman: Unfair dismissal
• Fair Work Commission: Apply for unfair dismissal

General information only — not a substitute for advice on your specific circumstances. [Draft — please have this reviewed for accuracy before relying on it publicly.]