How long do I have to make an unfair dismissal claim?
The clock starts the day you're dismissed — and it moves faster than most people realise. Here's what the deadline actually is, and what to do if you think you've been unfairly treated.
The 21-day deadline, explained
If you believe you've been unfairly dismissed from your job, one fact matters more than almost any other: how much time you have left to act. Unlike many legal claims, an unfair dismissal application to the Fair Work Commission is subject to a strict statutory time limit — and that deadline is short.
The general rule: 21 days
In most cases, an application for an unfair dismissal remedy must be lodged with the Fair Work Commission within 21 days after the dismissal took effect. That's calendar days, not business days — weekends and public holidays count.
The 21-day clock generally starts on the day after your employment actually ended, not the day you were told it would end, and not the day your final pay arrived. Getting this date right matters, because miscounting it can be the difference between a claim being heard and a claim being refused outright.
What happens if you miss the deadline?
The Fair Work Commission can only accept a late application in "exceptional circumstances." That's a genuinely high bar. Factors the Commission may consider include:
- the reason for the delay;
- whether you first became aware of the dismissal after it occurred;
- any action you took to dispute the dismissal;
- prejudice to the employer caused by the delay; and
- fairness as between you and other people in a similar position.
In practice, many out-of-time applications are refused. The safest approach is always to act well before the deadline — not to rely on being granted an extension.
Why the deadline catches so many people out
In our experience, people miss the deadline for reasons that are completely understandable — they're in shock, they're negotiating informally with their employer, they're waiting to "see what happens," or they simply don't know the clock is already running. None of those are good enough reasons for the Commission to extend time.
What should you do right now?
If you've recently been dismissed and think it may have been unfair, the most useful thing you can do is get advice immediately — even before you've decided whether you want to pursue a claim. A short conversation with an employment lawyer can tell you:
- exactly what date your 21 days runs from;
- whether your circumstances look like unfair dismissal, or a different type of claim entirely;
- what evidence you should start gathering now; and
- whether your matter may qualify for a No Win No Fee arrangement.
Key takeaway
Unfair dismissal claims must generally be lodged within 21 days of your dismissal taking effect. Late applications are only accepted in exceptional circumstances, and many are refused. If you think you've been unfairly dismissed, don't wait to find out where you stand — the sooner you speak to a lawyer, the more options you have.
This article is general information only and does not constitute legal advice. Time limits and their exceptions depend on your specific circumstances — speak with one of our employment lawyers as soon as possible about your situation.
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