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
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.
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.
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).
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
- Fair Work Commission — lodging applications, forms, guides
- Fair Work Ombudsman — free advice on pay and conditions, wage recovery
- Legal Aid Queensland — free employment law advice
Search for similar cases
See how the Fair Work Commission and courts have decided employment disputes:
Related guides
QCAT Applications
For workplace-related disputes that can go to QCAT.
Defamation
If your former employer made defamatory statements about you.
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.