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Legal guide · Victoria

What is unfair dismissal and can I claim?

If you were sacked in a way that was harsh, unjust or unreasonable, you may be able to claim — but there’s a strict 21-day deadline, so act fast. We can help you move quickly.

Employment

Unfair dismissal is when an employee is sacked in a way that is harsh, unjust or unreasonable. Eligible employees can apply to the Fair Work Commission — but the clock is short, so getting advice quickly matters.

The 21-day deadline

An application must usually be made within 21 days of the dismissal taking effect. Late applications are only accepted in limited circumstances, so don’t wait.

What counts as unfair

A dismissal may be unfair if there was no valid reason, or the process was unfair — for example, no chance to respond. A genuine redundancy is treated differently.

How we help

We assess your prospects honestly, prepare and lodge the application in time, and represent you at conciliation — where many matters resolve. Book a consult straight away given the deadline.

Common questions

Good to know

How long do I have to claim?

Usually 21 days from when the dismissal takes effect. Late applications are only accepted in limited circumstances, so act quickly.

Is redundancy the same as unfair dismissal?

No — a genuine redundancy is treated differently. Whether a redundancy was genuine can still be examined.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

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