How long do I have to lodge a claim?
38 quoted answers, each with its source
The short answer
Under the Fair Work Act, an unfair dismissal application must be made within 21 days after the dismissal took effect, a general protections dismissal application must be made within 21 days after the alleged dismissal took effect, and an unlawful termination application must be received within 21 days after the employment was terminated. The 21-day clock starts on the day after the dismissal takes effect, and the dismissal usually takes effect on the last day of the employment contract, which may be later than the last day at work; weekends and public holidays count, but if the last day is a Saturday, Sunday or public holiday the deadline changes to the next business day, and the Fair Work Commission must receive the document by 11:59 pm on the deadline. Late applications are generally not accepted and about 80 per cent of extension requests are denied; an extension may be allowed only for exceptional circumstances, and not knowing the deadline or a post or courier delay is not accepted. After a general protections certificate is issued, the person has 14 days to apply to the Federal Court, the Fair Work division of the Federal Circuit and Family Court, or jointly to the Commission for arbitration, and a respondent to a general protections dismissal application has 7 days to respond.
Every part of this comes from the quotes below. How we write these.
What the rules actually say31
Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.
The Fair Work Commission states that it must receive applications about…
- unfair dismissal within 21 days after the dismissal took effect.
- general protections dismissal within 21 days after the dismissal took effect.
1 quote from 1 source
We must receive applications about unfair dismissal or general protections dismissal within 21 days after the dismissal took effect.
The Fair Work Commission states that it must receive an unlawful termination application within 21 days after the employment was terminated.
1 quote from 1 source
We must receive an unlawful termination application within 21 days after your employment was terminated.
The Fair Work Commission states that a general protections dismissal application must be made within 21 days of the dismissal taking effect.
1 quote from 1 source
You must apply within 21 days of the dismissal taking effect.
The Fair Work Commission states that the…
- dismissal usually took effect on the last day the employee had a contract of employment with their employer.
- last day the employee had a contract of employment may be later than the last day the employee was at work.
1 quote from 1 source
Usually, the dismissal took effect on the last day you had a contract of employment with your employer. This may be later than the last day you were at work.
The Fair Work Commission states that…
- if the last day of the 21-day limit is a Saturday, Sunday or public holiday, the deadline changes to the next business day.
- the deadline is not extended because of weekends or public holidays during the 21 days.
1 quote from 1 source
If the last day of the 21-day limit is a Saturday, Sunday, or public holiday, we change the deadline to the next business day. We do not extend the deadline because of weekends or public holidays during the 21 days.
The Fair Work Commission states that…
- it accepts documents no later than 11:59 pm on the deadline.
- the date it receives a document, rather than the date it was posted, emailed or faxed, must be before the deadline.
1 quote from 1 source
The date we receive a document, not the date you post, email or fax it to us, must be before the deadline. This means we accept documents no later than 11:59 pm on the deadline
The Fair Work Commission states that the 21-day timeline applies to…
- unfair dismissal applications.
- general protections dismissal applications.
- unlawful termination applications.
3 quotes from 1 source
The 21-day timeline is for the following applications:
General protections dismissal
Unlawful termination
The Fair Work Commission states that it does not accept late applications when the reason is that the applicant did not know about the deadline.
2 quotes from 1 source
We do not accept late applications when the reason is:
you did not know about the deadline.
The Fair Work Commission states that…
- the 21-day limit is a strict time limit under the law.
- late applications are generally not accepted.
2 quotes from 1 source
2. You must apply within 21 days of the dismissal taking effect
This is a strict time limit under the law and late applications are generally not accepted. You can request an extension of time in exceptional circumstances; however, most (about 80%) are denied.
The Fair Work Commission states that…
- the clock for the 21-day time limit starts on the day after the dismissal takes effect.
- public holidays and weekends count towards the time limit.
2 quotes from 1 source
This animation explains the 21-day time limit in unfair dismissal cases.
Remember, the clock starts on the day after the dismissal takes effect. Public holidays and weekends count towards the time limit.
- The Fair Work Commission gives an example.
- In The Fair Work Commission's example, the employee's last working day was 23 June.
- In The Fair Work Commission's example, the application had to be received by 11.59pm on 21 July.
3 quotes from 1 source
On 7 June, Ray’s employer says he will end Ray’s contract on 30 June.
Ray is on leave from 24 to 30 June. The last day he works for his employer is 23 June but the day the dismissal took effect is 30 June .
We must receive Ray’s application by 11.59pm on 21 July .
The Fair Work Commission states that serious illness is an example of exceptional circumstances that may extend the dismissal application deadline.
3 quotes from 1 source
We may extend the deadline if ‘exceptional circumstances’ caused the delay. Examples of exceptional circumstances are:
serious illness
the death of a family member
The Fair Work Commission states that it does not accept late applications when the reason is that a post or courier service caused the delay.
2 quotes from 1 source
We do not accept late applications when the reason is:
a post or courier service caused the delay
The Fair Work Commission states that a person cannot make a general protections dismissal application if they have already made another application about their dismissal, such as an unfair dismissal application.
2 quotes from 1 source
3. You cannot apply if you have already made another application
For example, if you have already made an unfair dismissal application or an application under anti-discrimination laws about your dismissal
The Fair Work Commission states that after a general protections certificate is issued a person has 14 days to apply to the Federal Court, the Fair Work division of the Federal Circuit and Family Court, or jointly to the Commission for arbitration.
4 quotes from 1 source
You will have 14 days after the certificate is issued to either:
apply to the Federal Court to decide the case, or
apply to the Fair Work division of the Federal Circuit and Family Court to decide the case, or
jointly apply to us at the Commission for arbitration.
The Fair Work Commission states that a respondent to a general protections dismissal application has 7 days to respond.
1 quote from 1 source
The employee applies within 21 days of the dismissal taking effect. The application is sent to the respondents. They have 7 days to respond.
The time limit to apply for an unfair dismissal application is 21 days after the dismissal took effect, as required by section 394(2) of the Fair Work Act 2009, or within such further period as the FWC allows under section 394(3).
5 quotes from 1 source
The application must be made:
(a) within 21 days after the dismissal took effect; or
(b) within such further period as the FWC allows under subsection (3).
394 Application for unfair dismissal remedy (1) A person who has been dismissed may apply to the FWC for an order under Division 4 granting a remedy. Note 1: Division 4 sets out when the FWC may order a remedy for unfair dismissal. Note 2: For application fees, see section 395. Note 3: Part 6‑1 may
(2) The application must be made: (a) within 21 days after the dismissal took effect; or (b) within such further period as the FWC allows under subsection (3).
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 366(1) requires a general protections application involving dismissal under section 365 to be made within 21 days after the alleged dismissal took effect.
4 quotes from 1 source
An application under section 365 must be made:
(a) within 21 days after the alleged dismissal took effect; or
(b) within such further period as the FWC allows under subsection (2).
366 Time for application (1) An application under section 365 must be made: (a) within 21 days after the alleged dismissal took effect; or (b) within such further period as the FWC allows under subsection (2).
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 366(2) requires the FWC to take into account the merits of the application when deciding whether exceptional circumstances exist.
6 quotes from 1 source
The FWC may allow a further period if the FWC is satisfied that there are exceptional circumstances, taking into account:
(a) the reason for the delay; and
(b) any action taken by the person to dispute the alleged dismissal; and
(c) prejudice to the employer (including prejudice caused by the delay); and
(d) the merits of the application; and
(e) fairness as between the person and other persons in a like position.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 396(a) requires the FWC to decide whether an unfair dismissal application was made within the period required in section 394(2) before considering the merits of the application.
2 quotes from 1 source
The FWC must decide the following matters relating to an application for an order under Division 4 before considering the merits of the application:
(a) whether the application was made within the period required in subsection 394(2);
- Fair Work Act 2009 legislation.gov.au
The time limit to apply for an unfair dismissal claim is 21 days from the date the dismissal took effect for an eligible person.
1 quote from 1 source
If eligible, you have 21 days from the date your dismissal took effect to file your claim.
- Unfair Dismissal - JobWatch jobwatch.org.au
Measured finding1
Something someone actually measured, with the method attached.
The Fair Work Commission states that about 80 per cent of requests for an extension of time are denied.
2 quotes from 1 source
2. You must apply within 21 days of the dismissal taking effect
This is a strict time limit under the law and late applications are generally not accepted. You can request an extension of time in exceptional circumstances; however, most (about 80%) are denied.
Changed on2
A dated change. This is where advice quietly stops being true.
In The Fair Work Commission's example…
- an employer said on 7 June it would end an employee's contract on 30 June.
- the dismissal took effect on 30 June.
3 quotes from 1 source
On 7 June, Ray’s employer says he will end Ray’s contract on 30 June.
Ray is on leave from 24 to 30 June. The last day he works for his employer is 23 June but the day the dismissal took effect is 30 June .
We must receive Ray’s application by 11.59pm on 21 July .
Disputed between sources2
Sources that do not agree, presented without picking a winner.
- The Fair Work Commission states that the time limit to apply runs from when the dismissal took effect.
- Employsure's wrongful termination guide states that the time limit to apply for employees to make their complaint is within 21 days of termination.
2 quotes from 2 sources
We must receive applications about unfair dismissal or general protections dismissal within 21 days after the dismissal took effect.
Employees should make their complaint within 21 days of termination. After this period, complaints are unlikely to be reviewed by the board.
- fwc.gov.au
- Wrongful Termination | Employsure | Employer Guide employsure.com.au
Often said, but we could not find it in the rules2
Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.
According to Employsure's wrongful termination guide…
- the time limit to apply is 21 days from termination.
- after the 21-day time limit to apply from termination has passed, complaints are unlikely to be reviewed by the board.
1 quote from 1 source
Employees should make their complaint within 21 days of termination. After this period, complaints are unlikely to be reviewed by the board.
- Wrongful Termination | Employsure | Employer Guide employsure.com.au