21 days from the day the dismissal takes effect. The same 21-day limit applies to a general protections dismissal application in the Fair Work Commission. The deadline is strict and late applications are only accepted in exceptional circumstances, so act immediately rather than waiting for a final pay slip or separation certificate.

Unfair dismissal asks whether the dismissal was harsh, unjust or unreasonable the focus is on fairness and process. General protections asks why you were treated badly: was it because you exercised a workplace right, made a complaint, have a protected attribute, or took part in union activity? General protections claims have no compensation cap and can cover conduct short of dismissal.

A Commission conciliator runs a confidential telephone conference with both sides, usually within a few weeks of the application. The conciliator does not decide who is right they test each side’s case privately and help you explore a settlement. Most matters resolve at this stage, commonly for a payment and an agreed statement of service.

Usually not. The starting position under the Fair Work Act 2009 (Cth) is that each party pays its own costs, even the winner. Costs are ordered only in limited cases for example where an application was made vexatiously or without reasonable cause, or where it should have been obvious it had no reasonable prospect of success.

Reinstatement is the primary remedy under the Fair Work Act, but it is rarely ordered in practice. Where reinstatement is inappropriate the Commission can award compensation for lost earnings, capped at the lesser of 26 weeks’ pay or half the high income threshold $95,050 for dismissals taking effect in 2026–27. Compensation cannot include an amount for hurt, distress or humiliation.

Sometimes. A restraint is void unless the employer shows it goes no further than is reasonably necessary to protect a legitimate business interest, such as confidential information or client connections. Courts look closely at how long it runs, how wide the geographic area is, and exactly what activities it bans.

Yes, through different pathways. Unpaid wages, leave and other entitlements can be recovered as a small claim in the Federal Circuit and Family Court or a state court, or with help from the Fair Work Ombudsman. Superannuation is enforced by the ATO, and since 1 January 2024 it is also a National Employment Standards entitlement, so underpaid super can be pursued under the Fair Work Act as well.

Keep everything, and do it now. That means your contract, position description, workplace policies, payslips, performance reviews, warnings, emails, text and chat messages, the termination letter, and your own dated notes of meetings. Write down who was present at key conversations while it is still fresh.

Only in exceptional circumstances. The Commission weighs the reason for the delay, when you first knew of the dismissal, any steps you took to dispute it, prejudice to the employer, the merits of the claim, and fairness compared with other employees. Being unwell or waiting for legal advice is usually not enough on its own.

Some decisions can. An appeal to a Full Bench of the Commission requires permission, which is granted only where it is in the public interest and for unfair dismissal you must also show significant error of fact. The deadline is short (generally 21 days). Separate judicial review may be available in the Federal Court.