Preparing an unfair dismissal claim
Unfair dismissal applications are filed under section 394 of the Fair Work Act and must be lodged within 21 days of dismissal. This workflow covers eligibility, evidence gathering, form completion, and conciliation preparation.
This is an 8-step workflow for preparing an unfair dismissal claim in the Fair Work Commission under the Fair Work Act 2009. It assumes the employee has been dismissed and you are preparing the Form F2 application within the 21-day deadline.
Before you start
- Confirmed dismissal date
- Employment contract and any termination correspondence
- Knowledge of the employer's size (small business or larger)
- Knowledge of any modern award or enterprise agreement coverage
The workflow
Confirm eligibility
Check the minimum employment period (6 months / 12 months for small business), high income threshold, and dismissal type. The 21-day filing deadline is critical.
Take detailed instructions from the employee
Cover the dismissal date, reason given, any process followed (warnings, opportunity to respond), and the employee's account of events.
Gather employment documents
Employment contract, position description, performance reviews, warning letters, termination letter, and any meeting notes.
Identify the grounds
Frame the dismissal as harsh, unjust, or unreasonable. Address the section 387 considerations: valid reason, notification, opportunity to respond, support person, warnings.
Calculate the remedy sought
Calculate reinstatement value (lost wages, benefits) or compensation. Compensation is capped at 26 weeks pay or half the high income threshold.
Draft the Form F2 application
Complete the application with employer details, dismissal date, grounds, and remedy sought. Quillio drafts in current FWC format.
File and pay the fee
Lodge the Form F2 through the FWC online portal. Pay the application fee or apply for a waiver if eligible.
Prepare for conciliation
After filing, the FWC schedules a conciliation. Prepare the employee for the process and consider settlement parameters.
What you will have at the end
A filed Form F2 unfair dismissal application with all supporting documentation, ready for the FWC conciliation. The application addresses the section 387 considerations and identifies a clear remedy.
Common issues
- Missing the 21-day filing deadline — extensions are only granted in exceptional circumstances
- Not checking small business employer status (12 months minimum employment period)
- Confusing unfair dismissal with general protections — different frameworks
- Failing to calculate remedy realistically — an overstated remedy weakens the settlement position
- Not preparing the employee for the conciliation process — leads to weaker outcomes
Run this workflow on a real matter
Quillio drafts Form F2 applications, researches current FWC authority on similar dismissals, and identifies comparable settlement outcomes. See /practice-areas/employment-lawyers or start a free trial.
This workflow is a general guide. Adapt it to the specific facts of the dismissal — including any redundancy, performance, or misconduct issues that affect the framework.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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