Unfair Dismissal Lawyers Albury Wodonga

What unfair dismissal means under the Fair Work Act

Section 387 of the Fair Work Act 2009 (Cth) sets out when a dismissal is unfair. The Fair Work Commission considers whether there was a valid reason for the dismissal, whether the employee was notified of the reason, whether they were given an opportunity to respond, whether the employer followed a fair process (including warnings for performance issues), and whether the dismissal was disproportionate to the conduct.

The 21-day deadline

An unfair dismissal application must be filed within 21 days of the dismissal taking effect. Extensions are possible under section 394(3) but require exceptional circumstances and are rarely granted. The clock starts ticking from the date the dismissal takes effect — usually the last day of employment, not the date you were told.

Who is eligible to bring a claim?

• Employees who have completed the minimum employment period (6 months, or 12 months for small business employers with fewer than 15 employees)
• Employees covered by a modern award or enterprise agreement, or earning below the high-income threshold (currently around $175,000)
• National-system employees — most employees in NSW and Victoria fall within the national system

The Fair Work Commission process

1. Application filed — Form F2 lodged with the Fair Work Commission within 21 days, with the $83.30 filing fee (waiveable on hardship grounds).
2. Employer response — Form F3 filed by the employer within 7 days of being served, often including any jurisdictional objections.
3. Conciliation — A telephone conference with a Fair Work Commission member, typically scheduled within 4-6 weeks. The majority of unfair-dismissal matters settle at this stage.
4. Hearing — If conciliation does not resolve the matter, the case proceeds to a formal arbitration hearing in person, with sworn evidence and cross-examination. Hearings for Albury Wodonga matters are generally held in the Melbourne or Sydney FWC registries.
5. Decision and remedies — The Commission can order reinstatement (the primary remedy under the Act), compensation up to 26 weeks of pay capped at half the high-income threshold, or both. Costs orders are uncommon.

For employees in Albury Wodonga

We act for dismissed employees in assessing the strength of a claim, drafting and filing the application, preparing the case for conciliation, and (if needed) running the arbitration hearing. We also advise on settlement offers — what is realistic, what is acceptable, and when to walk away.

For employers in Albury Wodonga

We advise employers on dismissal procedure before action is taken (the cheapest unfair-dismissal claim is the one that never gets filed), on responding to claims once filed, on jurisdictional objections (minimum employment period, high-income threshold, genuine redundancy), and on settlement strategy.

NSW–VIC border considerations

The Fair Work Act is federal, so the same law applies on both sides of the river. But state-based long-service leave and workers compensation regimes differ between NSW and Victoria, which can become relevant when calculating entitlements payable on termination.

Next step

For a confidential conversation about a dismissal — whether you are an employee considering a claim or an employer responding to one — see our broader employment law services, meet our team, or contact us directly. The 21-day deadline is real; don't wait.