Wrongful Termination & Unfair Dismissal Checklist Australia

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How to Use This Checklist Core Checklist Often Overlooked Next Steps After Completing the Checklist FAQ What is the difference between unfair dismissal and wrongful termination?Can I claim if I resigned?What compensation can I receive?What if I miss the 21-day deadline?

Key Summary

Use this checklist to assess your wrongful termination or unfair dismissal claim in Australia and understand your next steps.

If you believe you have been wrongfully terminated or unfairly dismissed in Australia, acting quickly is critical. Limitation periods are strict — most unfair dismissal applications must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Use this checklist before speaking with a lawyer or lodging a claim.

How to Use This Checklist

Work through each item methodically and note your answers. This checklist covers both unfair dismissal (procedurally unjust termination under the Fair Work Act 2009) and wrongful termination (breach of your employment contract). Tick off each item and flag anything unclear — those gaps may become important in your case.

Core Checklist

[ ] Confirm the exact date your dismissal took effect (starts the 21-day clock)

[ ] Obtain your termination letter or written notice in writing

[ ] Check whether you are a national system employee covered by the Fair Work Act 2009

[ ] Confirm you have completed the minimum employment period (1 year for small business; 6 months for others)

[ ] Identify whether your employer is a small business (fewer than 15 employees)

[ ] Review your employment contract for termination clauses and notice periods

[ ] Check your award, enterprise agreement, or Modern Award conditions

[ ] Record the reason(s) your employer gave for the dismissal

[ ] Note whether you were given an opportunity to respond before the decision was made

[ ] Identify any warnings given prior to dismissal and whether they were documented

[ ] Preserve all written communications (emails, texts, letters, performance reviews)

[ ] List any witnesses to relevant conversations or events

[ ] Determine whether your dismissal may constitute unlawful termination (e.g. discrimination, exercising a workplace right)

[ ] Check if redundancy was genuine or a disguised dismissal

[ ] Calculate unpaid entitlements owed (notice pay, annual leave, long service leave)

[ ] Note whether you signed any documents at termination (e.g. separation deed, deed of release)

Often Overlooked

Casual employees: Long-term casuals with regular systematic engagement may still have unfair dismissal rights — do not assume you are excluded

Probationary period nuances: Completing the minimum employment period is based on continuous service, not your probation end date

Signed deeds of release: Signing a release at termination may waive your right to claim — seek legal advice before signing anything

General protections claims: If dismissed for a reason involving a workplace right (e.g. making a complaint), a general protections application has a 21-day time limit but different remedies

State-based claims: In some states, additional protections may apply under state anti-discrimination or industrial relations laws

Next Steps After Completing the Checklist

1.Calculate your deadline — count 21 calendar days from your dismissal date immediately
2.Gather all documents — compile your checklist evidence into one organised folder
3.Seek legal advice — a lawyer or employment law service can assess which type of claim suits your situation
4.Lodge your application — unfair dismissal applications are filed via the Fair Work Commission's online portal
5.Attend conciliation — most claims proceed to a conciliation conference before any hearing

What is the difference between unfair dismissal and wrongful termination?

Unfair dismissal relates to whether a dismissal was harsh, unjust, or unreasonable under the Fair Work Act 2009. Wrongful termination refers to a breach of your employment contract, such as insufficient notice or termination in violation of agreed terms.

Can I claim if I resigned?

Possibly. If you were forced to resign due to your employer's conduct, this may be treated as a constructive dismissal and could support an unfair dismissal or general protections claim.

What compensation can I receive?

Remedies may include reinstatement or compensation capped at 26 weeks' pay for unfair dismissal. Wrongful termination claims through courts may seek contractual damages including unpaid notice.

What if I miss the 21-day deadline?

You may apply for an extension, but the Fair Work Commission grants these only in exceptional circumstances. Acting promptly is strongly recommended.

Use ROY's free AI analysis to understand how the law applies to your specific situation.

This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.

Reference Cases

Related Cases & Similar Precedents

These are fact-based cases and precedents. Click 'View Source' to access official sources.

🇦🇺AustraliaReal PrecedentReference

View Source↗

High Court of Australia2014(2014) 253 CLR 169

Commonwealth Bank of Australia v Barker — implied term of trust and confidence

Issue

Whether employment contracts contain an implied term of mutual trust and confidence

The High Court unanimously held that Australian employment contracts do not contain an implied term of mutual trust and confidence.

※ Leading Australian precedent — reference only

These are fact-based cases and precedents. Click 'View Source' to access official sources.

ROY Analysis Data (Estimated)

Outcome Distribution for General Cases

Settled

42%

Upheld

31%

Partial

18%

Dismissed

* These figures are estimates based on ROY AI similar-case analysis. Results may differ for individual cases and do not constitute legal advice or a guarantee of outcome.

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