Making an unfair dismissal application: time limits and process.

The deadline is the first thing that matters.

Every part of an unfair dismissal claim sits behind one hard rule: you must lodge within the time limit, which is short. Whether you are in the national or the state system, the window is measured in weeks from the date the dismissal took effect. Miss it, and the tribunal can refuse to hear the claim regardless of its merits, unless you can show exceptional circumstances that explain the delay.

This is general information, not advice on your matter. The exact deadline and process depend on your system, covered in our guide on which system covers you. Whichever applies, the advice is the same: treat the deadline as the priority and lodge within it, even if the rest of the case is not fully prepared.

How long do you have to lodge?

The time limit for an unfair dismissal application is short, generally around three weeks from when the dismissal took effect, and it is strictly enforced. The clock runs from the day the dismissal is effective, which is usually the last day of employment, not the day you were told or the day you appealed internally. Working out the exact start date matters, because the whole window is so tight.

The tribunal can extend time only in exceptional circumstances, and it does not do so lightly. Being upset, waiting to see if the employer reconsiders, or not knowing the deadline are usually not enough. An extension needs a real reason for the delay, such as a serious illness or being misled about the deadline. Relying on getting an extension is a bad plan; lodging on time is the only safe course.

How do you lodge an application?

You lodge the correct application form with the right tribunal for your system, the Fair Work Commission for national system workers or the NSW Industrial Relations Commission for state system workers, within the time limit. The form sets out who you are, who dismissed you, when, and why you say the dismissal was unfair. There is usually a modest filing fee, which can be waived in cases of hardship.

You do not need the whole case worked out to lodge. The application starts the matter and stops the clock; the detailed evidence comes later. A common and costly mistake is to spend the short window gathering documents and drafting a perfect claim, and then miss the deadline. Lodge a correct application in time first, and build the case afterwards.

What happens at conciliation?

After lodging, the matter usually goes to conciliation, an informal and confidential process where a member of the tribunal helps the parties try to settle. Conciliation is often conducted by phone. Most unfair dismissal claims resolve here, commonly for a payment, an agreed statement of service or reference, or sometimes reinstatement, without a contested hearing. It is quicker and cheaper than arbitration and puts the outcome in the parties' hands.

Conciliation is worth taking seriously and preparing for. Knowing what you want, what your claim is realistically worth, and what you will accept lets you negotiate sensibly, as our guide on preparing for mediation explains for dispute resolution generally. Many workers achieve a satisfactory result at conciliation and never need a hearing at all.

What happens if it goes to arbitration?

If conciliation does not settle the matter, it proceeds to arbitration, a formal hearing where the tribunal decides whether the dismissal was unfair and what remedy should follow. Both sides present evidence, the employer justifies the dismissal, and the worker gives their account. The tribunal then decides the case and can order reinstatement or compensation, as our guide on unfair dismissal in the state system explains.

Arbitration is more demanding than conciliation. It needs evidence prepared and presented properly, the timeline established, and the fairness of the process examined. Only a minority of unfair dismissal claims reach this stage, because most settle earlier, but for those that do, preparation of the evidence is what decides the outcome.

What if you are running out of time?

If the deadline is close, lodge now. A correct application filed in time protects your claim, and you can develop it afterwards. Do not wait for advice if waiting means missing the deadline; it is better to lodge and then get advice than to miss the window trying to get everything right first. The application can be refined, but a missed deadline usually cannot be fixed.

If the deadline has already passed, it may still be worth lodging and seeking an extension, but only exceptional circumstances will get one, so get advice quickly about whether you have a real basis. Either way, act immediately. In unfair dismissal, the single biggest cause of good claims failing is not weak facts but a missed deadline, and that is entirely within your control.

Primary sources: state system unfair dismissal applications are made under Part 6 of the Industrial Relations Act 1996 (NSW) to the NSW Industrial Relations Commission. National system applications are made under Part 3-2 of the Fair Work Act 2009 (Cth) to the Fair Work Commission. Decisions on extension of time are searchable on JADE.

Common questions

How long do you have to lodge an unfair dismissal claim?

The time limit is short, generally around three weeks from when the dismissal took effect, and it is strictly enforced. The clock runs from the last day of employment, not the day you were told or appealed internally. The tribunal can extend time only in exceptional circumstances, and it does not do so lightly.

How do you lodge an unfair dismissal application?

Lodge the correct form with the right tribunal for your system, the Fair Work Commission for national system workers or the NSW IRC for state system workers, within the time limit. There is usually a modest filing fee, which can be waived for hardship. You do not need the whole case prepared; lodging starts the matter and stops the clock.

What happens after you lodge an unfair dismissal claim?

The matter usually goes to conciliation, an informal, confidential process where a tribunal member helps the parties try to settle, often by phone. Most claims resolve here, commonly for a payment or an agreed reference. If conciliation fails, the matter proceeds to arbitration, a formal hearing where the tribunal decides the claim.

Can you get an extension of time for unfair dismissal?

Only in exceptional circumstances, and the tribunal does not grant extensions lightly. Being upset, waiting to see if the employer reconsiders, or not knowing the deadline are usually not enough. An extension needs a real reason for the delay. Relying on getting one is a bad plan; lodging on time is the only safe course.

What should you do if you are running out of time?

Lodge now. A correct application filed in time protects your claim, and you can develop it afterwards. Do not wait for advice if waiting means missing the deadline. In unfair dismissal, the biggest cause of good claims failing is a missed deadline, which is entirely within your control.

To speak to a workplace lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, Special Counsel at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

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