Being fired from your job can be very stressful. If you think the way you were let go was unfair, you may be able to make an unfair dismissal complaint.

The Fair Work Act 2009 (the Act) is the main piece of employment law in Australia which sets out minimum employment entitlements and how workers should be treated. The Act covers most employees in Australia and defines what an unfair dismissal is. The Fair Work Commission handles complaints about a range of workplace disputes covered by the Act including unfair dismissal.

You may be eligible to complain about unfair dismissal to the Fair Work Commission if:

• You have been dismissed;
• You worked for your employer for a minimum amount of time – at least one year if they are a small business employer or at least 6 months for other employers;
• You lodge your complaint within the 21 day time limit from the day you were dismissed; and
• The way you were dismissed was harsh, unjust, or unreasonable.

You can ask for your job back or compensation for lost wages of up to 26 weeks of pay.

You should get legal advice about your situation as soon as possible if you think you have been unfairly dismissed.

If you are a woman who lives in NSW, you can get free legal advice about employment and workplace issues from the Working Women’s Centre NSW which is part of Women’s Legal Service NSW. Call 02 8745 6954 or email [email protected] to schedule a free confidential phone advice appointment with one of our experienced solicitors.

Otherwise, call Law Access NSW between Monday to Friday 9am to 5pm on 1300 888 529 for referrals to services in your area where you can get legal advice.