Unfair dismissal claim preparation checklist (Fair Work Commission)
Unfair dismissal applications must be filed within 21 days of dismissal — a tight timeframe. This checklist covers the eligibility checks and preparation steps that must be completed quickly to file a strong application.
This is a 12-step checklist for preparing an unfair dismissal application in the Fair Work Commission under the Fair Work Act 2009. It covers eligibility, the 21-day deadline, evidence gathering, and the Form F2 application. Use it at the start of any unfair dismissal matter.
The checklist
Confirm the dismissal date
Establish the exact date of dismissal — this is the date the 21-day clock starts running. The deadline is critical.
Check the minimum employment period
Verify the employee has completed the minimum employment period — 6 months for most employers, 12 months for small business employers.
Confirm the dismissal type
Was the employee dismissed by the employer, or did they resign? Constructive dismissal is treated as dismissal by the employer.
Check high income threshold
For employees not covered by an award or enterprise agreement, confirm earnings are below the high income threshold.
Identify the reason for dismissal
Take instructions on the reason given by the employer and any process followed. Document everything in writing.
Gather employment documents
Employment contract, position description, performance reviews, warnings, and any termination correspondence.
Identify any small business employer issues
If the employer has fewer than 15 employees, check the Small Business Fair Dismissal Code applies and assess compliance.
Assess procedural fairness
Did the employer give the employee a chance to respond? Was the employee allowed a support person? Was the process fair?
Calculate damages and remedies
Calculate the value of reinstatement (lost wages and entitlements) or compensation. Compensation is capped at 26 weeks pay (or half the high income threshold).
Draft the Form F2 application
Complete the Form F2 with the dismissal date, employer details, grounds, and remedy sought. File electronically through the FWC portal.
Pay the application fee
Pay the FWC application fee or apply for a fee waiver where eligible (typically for low-income applicants).
Diarise the conciliation date
After filing, the FWC schedules a conciliation. Diarise it and prepare the client for the conciliation process.
When this checklist applies
Use this checklist at the start of any unfair dismissal matter — within the first few days of being instructed. The 21-day deadline is the most critical issue.
Common pitfalls
- Missing the 21-day deadline — extensions are only granted in exceptional circumstances
- Not checking the minimum employment period for small business employers (12 months, not 6)
- Confusing unfair dismissal with general protections (different legal frameworks)
- Underestimating the value of reinstatement vs compensation
- Failing to assess the small business employer status — it changes the framework
Run this checklist on a real matter
Quillio drafts Form F2 unfair dismissal applications, researches current FWC authority on the dismissal grounds, and surfaces comparable outcomes for similar dismissals. See /practice-areas/employment-lawyers or start a free trial.
This checklist is a general guide. Adapt it to the specific facts of the dismissal — including any redundancy, performance, or misconduct issues that affect the framework.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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