Termination of employment

If you have been dismissed, your dismissal may have been unfair, or in breach of a general protection. If that is the case, you may be able to make a claim for either unfair dismissal or general protections dismissal. You cannot make both claims.

You may even have other options such as a:

• discrimination claim (if you have been discriminated against at work)
  
• bullying claim (if you are experiencing any workplace bullying).

You should get legal advice about your options.

If you have been dismissed and you believe you haven't been paid all your wages of other entitlements by your employer, you can also make a claim against them. You can still make this claim even if you have started an unfair dismissal or general protections dismissal claim. You can also make a claim if you resigned or are still working for the employer.

For information on the differences between an unfair dismissal claim, a general protections dismissal claim, and a claim for unpaid wages and entitlements, see How do I choose?

Unfair dismissal is when your dismissal was harsh, unjust, or unreasonable. If you worked at a place with less than 15 employees, your employer must also follow the Small Business Fair Dismissal Code.

In some cases, if you have been the subject of an unfair dismissal, you can make an application to the Fair Work Commission. 

For more information about unfair dismissal, see Unfair dismissal.

Your dismissal will not be considered unfair dismissal if it was a genuine redundancy. However, if you are made redundant, you may be entitled to a payout. 

For more information about Redundancy pay, see Redundancy pay.

General protections dismissal is when you were fired and your general protection rights were breached by your employer.

Your general protection rights are rights you have as an employee, and they include the right to be paid correctly, to take time off work if you are sick, not to be discriminated against and to join (or not join) a union.

In some cases, if you have been the subject of a general protections dismissal, you can make an application to the Fair Work Commission.

For more information, see General protections dismissal.

If you are a national system employee, you may be able to make a claim of unlawful termination if you can’t make a General protections dismissal because the reason you were dismissed was not prohibited by general protections provisions.

For more information, see Unlawful termination on the Fair Work Commission website.

Most employees are covered by the national laws relating to employment. If you work for a government agency, a Local Council or a NSW state government owned corporation, you may be a state system employee and your employment is covered by different rules.

If you are a state system employee and have been dismissed by your employer, you may be able to make a claim.

For more information, see:

• Unfair dismissals on the Industrial Relations Commission website 
• Unlawful termination on the Fair Work Commission website.