Unfair dismissal time limit (21 days)

For most unfair dismissal applications in Australia, you must apply to the Fair Work Commission within 21 days after your dismissal took effect — see section 394(1) of the Fair Work Act. Missing that window can mean you lose the chance to pursue an unfair dismissal remedy, even if you had a strong case on the facts.

The time limit usually runs from the day your dismissal took effect. That is typically your last day of work, but the exact date can matter if your employer gave notice, paid you in lieu, or disputed when employment ended.

Example: if your letter says employment ends on Friday but you were sent home on Monday and not paid beyond Monday, the effective date may not be obvious without advice. If you received a termination letter, read it for the stated effective date and cross-check your final payslip. If anything is unclear, note the dates now while they are fresh.

Unfair dismissal is one of the few workplace claims where a short, fixed window applies. Many people only realise they may have a claim after the shock wears off — often a week or more after the last day — by which point a third of the 21-day period can already be gone.

Fair Go shows how much time you likely have left based on your answers, so you can decide whether to act, document what happened, or seek advice before the window closes. The Fair Work Ombudsman also explains time limits in plain English.

• Confirm the date your dismissal took effect from your letter and payslip
• Run the free eligibility check to see whether you may be covered
• Start a timeline of key events, messages, and witnesses while details are clear
• Contact the Fair Work Commission or a lawyer if you need advice about lodging

The Commission may accept a late application in exceptional circumstances under section 394(3), but this is discretionary and not guaranteed. Treat the 21-day limit as firm and act as early as you can.