I understand how overwhelming and upsetting it can be to suddenly lose your job. It's completely normal to feel lost and unsure of what to do next. Please know that you're not alone, and I'm here to help you understand your rights and navigate this challenging situation. Let's take a look at the information available to ensure you're equipped with the knowledge you need.

I understand you've just been dismissed from your job and want to know your rights and next steps. Let me break down what you need to know and what actions you should consider.

Understanding Your Dismissal Rights

You have several potential avenues for legal recourse depending on your circumstances. When your employment ends, you may be eligible to apply for one of the 3 options in the Fair Work Act: Unfair dismissal, General protections dismissal, Unlawful termination. However, you can only apply for one option.

Unfair Dismissal Protection

In some situations, it is fair to end an employee's employment. When an employer dismisses an employee, the law says that they: should not dismiss an employee if it is harsh, unjust or unreasonable.

Who Can Apply:

• employees who have worked for 6 months in a large business or 12 months in a small business. This is the minimum employment period
• employees who have lost their job. You cannot apply before your employer dismisses you
• employees who are part of the national system. Examples of people who are not part of the national system are sole traders, contractors, people who work through an agency, or some government employees

Types of Unfair Dismissal: Your dismissal may be unfair if it's:

• Harsh: the dismissal is an extreme response to the situation or the dismissal has a very big ('disproportionate') impact on the employee's economic and personal situation
• Unjust: the employee is not guilty of the action or behaviour the employer used as the reason to dismiss them
• Unreasonable: the evidence does not support the decision to dismiss the employee

General Protections Dismissal

This is different from unfair dismissal. It is not about 'fairness'. It is about whether the employer broke the general protections laws in the Fair Work Act.

This option is for employees who are dismissed for a prohibited reason under the Fair Work Act. These include: discrimination, workplace rights, sham contracting, temporary absence due to illness or injury, freedom of association.

Critical Time Limits

This is extremely important - Employees need to apply to the FWC within 21 days of the dismissal taking effect. The 21-day period starts the day after the dismissal. Similarly, You have 21 days starting from the day after you were dismissed to lodge an application with the Commission.

Immediate Steps You Should Take

Act Quickly: Don't delay in assessing your options since you have a strict 21-day deadline.

Gather Information: Collect all documentation related to your dismissal, including:

• Your employment contract
• Any termination letter or notice
• Records of conversations about your dismissal
• Your pay slips showing length of service

Determine Your Eligibility: Consider whether you meet the criteria for unfair dismissal (minimum employment periods) or if your dismissal might fall under general protections.

Getting Help

The Fair Work Commission (the FWC) hears and decides on cases of unfair dismissal. Find out more on our Unfair dismissal page.

You can also contact us for our help if: your employer won't follow the rules for ending employment or you can't reach an agreement with them.

Legal Options (If Applicable)

Given the serious nature of dismissal and the strict time limits, here are your potential legal avenues:

• Fair Work Commission Application - Lodge an unfair dismissal or general protections claim within 21 days - High likelihood of success if you meet eligibility criteria and can demonstrate the dismissal was harsh, unjust, or unreasonable
• Fair Work Ombudsman Complaint - If your employer hasn't followed proper termination procedures or you believe laws were broken - Moderate to high likelihood depending on the specific violations

Your Legal Position

Based on your situation of just being dismissed, you have strong protections under Australian employment law. The law protects employees from losing their job in a way that is unfair. Employees may be able to apply for unfair dismissal. Your specific entitlements depend on your length of service, the size of your employer, and the circumstances of your dismissal.

The most critical factor right now is the 21-day time limit. Even if you don't have all the details sorted out, You can apply even if you don't have all the information yet. You can send us more details and supporting documents after you have applied.

I'd strongly recommend contacting the Fair Work Commission immediately to discuss your specific circumstances and ensure you don't miss the deadline for any potential claims you might have.