If you think the dismissal is unfair, you can make an application to the Fair Work Commission, provided that:
- You have been employed for at least 6 months (or 12 months if your employer has fewer than 15 employees);
- You are permanent full-time or part-time employee, or you are a casual employee who has regular and systematic employment with an expectation of ongoing employment; and
- You make the application within 21 days after your dismissal
You can make an application by phoning Fair Work Commission on or visiting their website.
You can also find out more about unfair dismissals here.
If you think the dismissal was for a discriminatory reason or because you exercised a workplace right (or your employer is trying to prevent you from exercising a workplace right), then you can make an application to Fair Work Commission for a ‘breach of general protections - termination of employment’, also known as an adverse action application.
You do not have to have been employed for any period of time in order to make this application, but you must do so within 21 days after your dismissal.