Unfair Dismissal Eligibility Checker
Answer a few questions to find out if you may be eligible to make an unfair dismissal claim under Australian law.
This tool provides general estimates only and does not constitute legal advice. For advice specific to your situation, contact Vitt Legal for a consultation — expert, transparent legal advice.
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How the checker works
- It asks the questions the Fair Work Commission uses to decide whether someone can apply: coverage, length of employment, business size, earnings, how the job ended and when.
- It applies the minimum employment period, the small business rule, the high income threshold and the 21-day time limit shown in the table below.
- Where unfair dismissal looks unavailable, it tells you when a general protections claim may be worth asking about instead.
Rules last checked .
The rules the checker applies
| Rule | What it means | Source |
|---|---|---|
| Who is protected | Employees of a national system employer who have completed the minimum employment period and earn less than the high income threshold. Employees earning more are still protected if an award covers them or an enterprise agreement applies. Casuals count only if they worked on a regular and systematic basis and expected that to continue. | Fair Work Commission — Who the law protects from unfair dismissal |
| Minimum employment period | 6 months, or 12 months if the employer is a small business. | Fair Work Commission — Who the law protects from unfair dismissal |
| Small business | Fewer than 15 employees at the time of dismissal, counting full-time, part-time and regular and systematic casual employees, including the dismissed employee. | Fair Work Commission — Unfair dismissal: can you apply? |
| High income threshold | $190,100 for dismissals on or after 1 July 2026 ($183,100 for dismissals from 1 July 2025 to 30 June 2026). Indexed every 1 July. | Fair Work Commission — High income threshold |
| Compensation cap | The lesser of 26 weeks' pay or half the high income threshold: $95,050 for dismissals on or after 1 July 2026 ($91,550 from 1 July 2025 to 30 June 2026). | Fair Work Commission — Compensation cap |
| Time limit | 21 days after the dismissal takes effect. The Commission can extend this only in exceptional circumstances, and most extension requests are declined. | Fair Work Commission — Unfair dismissal: can you apply? |
| Resignation and demotion | A voluntary resignation is not a dismissal. A forced resignation, or a demotion with a significant cut in pay or duties, may count as a dismissal. | Fair Work Commission — Unfair dismissal: can you apply? |
| General protections (dismissal) | A separate claim if you were dismissed for a prohibited reason (for example, because you were sick and on leave). Also 21 days after the dismissal takes effect. The FWC's eligibility criteria for this claim do not include the minimum employment period or the high income threshold. You cannot make it if you have already made an unfair dismissal application about the same dismissal. | Fair Work Commission — General protections applications involving dismissal |
What this checker does not cover
- Whether your dismissal was harsh, unjust or unreasonable — only whether you may be able to apply.
- Genuine redundancy and the Small Business Fair Dismissal Code, which can defeat a claim.
- Whether an award or enterprise agreement covers you if you earn above the high income threshold.
- State public sector and local government employees outside the national system.
- Discrimination, breach of contract and underpayment claims.
- Extensions of time, which the Commission grants only in exceptional circumstances.
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