Employment Disputes: Unfair Dismissal, Unpaid Wages, and Workplace Rights

What to do when things go wrong at work.

Time limit: You have 21 days from the date of dismissal to lodge an unfair dismissal application with the Fair Work Commission. This deadline is strictly enforced. Do not delay.

Types of employment disputes

Unfair dismissal

You were fired and the dismissal was harsh, unjust, or unreasonable. You must have worked for a minimum employment period (6 months for large employers, 12 months for small employers with fewer than 15 employees).

Where: Fair Work Commission | Time limit: 21 days | Fee: $89.70 (2025-26)

General protections (adverse action)

You were treated adversely because you exercised a workplace right, complained, or had a protected attribute (age, disability, race, etc.). No minimum employment period required.

Where: Fair Work Commission or Federal Circuit Court | Time limit: 21 days (FWC) or 6 years (court)

Unpaid wages and entitlements

Your employer has not paid your wages, overtime, leave, superannuation, or other entitlements. Includes underpayment of award rates.

Where: Fair Work Ombudsman (free investigation) or Federal Circuit Court | Time limit: 6 years

Workplace bullying

You are being bullied at work by an individual or group. The Fair Work Commission can make an order to stop the bullying.

Where: Fair Work Commission (anti-bullying order) | Time limit: None (while bullying continues)

Steps to take

1

Gather your evidence immediately

Save all emails, messages, pay slips, contracts, rosters, and any communications about the dispute. If you have been dismissed, save the termination letter. Screenshot anything that might be deleted.

2

Check your time limit

For unfair dismissal and general protections: 21 days from dismissal. Count carefully. Extensions are only granted in exceptional circumstances and are difficult to obtain.

3

Lodge your application

File online at fwc.gov.au. For unfair dismissal, use Form F2. For general protections, use Form F8. The filing fee is $89.70 (may be waived on hardship grounds).

4

Attend conciliation

The Fair Work Commission will schedule a conciliation conference (usually by phone). Most cases settle at this stage. Be prepared with your evidence and know what outcome you want.

Key resources

Search for similar cases

See how the Fair Work Commission and courts have decided employment disputes:

Unfair dismissal cases Unpaid wages cases Bullying cases

Related guides

This guide is general information only, not legal advice. Employment law can be complex. For advice about your situation, contact Legal Aid, Fair Work Ombudsman (13 13 94), or a workplace lawyer.