Queensland Law Society member firm · Serving clients Australia-wide 1300 165 767admin@terraaustralislegal.com.au
Home / Services / Employment Law
Practice area 04

Employment Law for Employees and Employers

Terra Australis provides employment law advice to employees and employers in Queensland and more broadly across Australia. Time limits in this area are short and unforgiving.

Free call 1300 165 767 Email an enquiry

Unfair dismissal and general protections dismissal applications must generally be lodged with the Fair Work Commission within 21 days of the dismissal taking effect, and extensions are granted only in exceptional circumstances. Terra Australis Legal advises employees and employers on dismissal, general protections, contracts, restraints and workplace investigations.

Twenty-one days, and the clock starts on the day it ends.

Under the Fair Work Act 2009, an unfair dismissal or general protections dismissal application must generally be filed within 21 days of the dismissal taking effect. Extensions are granted only in exceptional circumstances. If you have been dismissed, this is the single most important fact on the page.

We act on both sides. For employees, that means an honest assessment of whether a claim is worth running, and firm conduct of the conciliation. For employers, it means getting the process right before the termination rather than defending a flawed one afterwards — a properly run investigation and a defensible procedure are usually cheaper than the claim they prevent.

For employees

Dismissed, performance-managed, underpaid, or asked to sign a deed you do not understand — we tell you what the claim is actually worth before you commit to it.

For employers

Contracts and restraints that hold up, investigations that survive scrutiny, and terminations run to a process a commissioner will accept.

Matters we act in
Unfair dismissal applications
General protections and adverse action claims
Employment contracts and executive terms
Restraints of trade and confidentiality
Redundancy and restructures
Workplace investigations and misconduct
Performance management processes
Bullying and workplace harassment
Discrimination and sexual harassment claims
Underpayments and award compliance
Deeds of release and settlement
Fair Work Commission conciliation and hearings
Employment law guides

Detailed guides on the questions we are asked most.

Common questions

Straight answers to what we are asked most.

How long do I have to make a claim after being dismissed?

Twenty-one days from the date the dismissal took effect, for both an unfair dismissal and a general protections dismissal application. The Fair Work Commission can accept a late application only in exceptional circumstances and frequently refuses. This is the shortest and most commonly missed deadline in Australian employment law.

Can a dismissal be unfair even if I did what they said?

Yes. The test is whether the dismissal was harsh, unjust or unreasonable, which covers both whether there was a valid reason and whether a fair process was followed. A dismissal can be unfair because you were not told the allegation, were not given a genuine chance to respond, were refused a support person, or because dismissal was disproportionate to a single incident against long service.

What can I actually recover?

Unfair dismissal compensation is directed at lost remuneration and is capped, broadly at the lesser of six months’ pay or half the high income threshold, with nothing for hurt or humiliation. A general protections claim is different: compensation is uncapped and can include an amount for distress, and civil penalties may apply.

Do you act for employers as well as employees?

Yes. We advise employers on dismissal process, workplace investigations, redundancy consultation and contracts, and we act for employees in dismissal and general protections matters. We do not act for both sides in the same dispute.

Get in touch

Talk to a lawyer, not a call centre.

Tell us what has happened and we will tell you plainly where you stand, what it is likely to cost, and what the next step is.

Free call
1300 165 767
Post
PO Box 386, Kenmore QLD 4069