Frequently Asked Questions

An unfair dismissal claim is an application made to the Fair Work Commission when an employee believes their employment was terminated in a way that was harsh, unjust or unreasonable under the Fair Work Act. Many people who lose their job unexpectedly are unsure whether they can make a claim, whether they qualify, and what the Fair Work Commission actually looks at when assessing a matter.

To lodge an unfair dismissal claim, you generally need to:

• have completed the minimum employment period (six months, or twelve months if your employer is a small business with fewer than 15 employees),

• have been employed as an employee (rather than a contractor),

• and earn under the high-income threshold (unless covered by an award or enterprise agreement).

The Fair Work Commission will consider whether your dismissal:

• had a valid reason related to your performance or conduct,

• followed a fair process (for example, whether you were notified of concerns and given a chance to respond),

• took into account your personal circumstances including length of service and the impact of the dismissal on you,

• and whether any procedural errors or unreasonable treatment occurred.

Most unfair dismissal claims are not decided by a full hearing. Instead, they are resolved at a conciliation conference, where both parties can explore settlement options such as compensation or reinstatement.

If you are unsure whether you meet the criteria, or you want clarity before deciding whether to lodge a claim, a confidential consult with The Fair Work Coach can help you understand your eligibility, what the Commission may consider in your situation, and whether taking action is the right step for you personally.

A general protections (also called adverse action) claim is made when an employee believes they were treated adversely or dismissed because they exercised a workplace right, made a complaint, used leave, requested flexible arrangements, or because of a protected attribute such as pregnancy, illness, family responsibilities, or union involvement. Many people who experience sudden negative treatment at work wonder whether it is “just unfair,” or whether it may actually be unlawful under the Fair Work Act.

A general protections application relating to dismissal must usually be lodged with the Fair Work Commission within 21 days of your termination taking effect. For general protections matters where you are still employed, the process and timing are different and can vary.

When assessing a general protections claim, the Fair Work Commission considers whether:

• you exercised a workplace right or engaged in a protected activity,

• there was adverse action taken against you (such as a warning, reduction in hours, disciplinary action, demotion or dismissal),

• there is a link between the action taken and your exercise of that right or protected attribute,

• and whether the employer can provide a lawful, non-prohibited reason for the action.

Unlike unfair dismissal matters, the focus is not on whether the decision was “fair,” but on why the decision was made. Motivation and causation are central to this category. General protections matters can continue beyond the Commission to a court if not resolved, and compensation is not capped in the same way as unfair dismissal.

Most general protections claims are resolved through conciliation, where parties can explore settlement options or agreement terms without a formal hearing.

If you are unsure whether what happened to you fits this category, or whether pursuing a claim is the right choice for you emotionally, financially or strategically, a confidential consult with The Fair Work Coach can help you understand your position, think clearly before making any decision, and plan your next steps.

In most cases, employees who are terminated within the minimum qualifying period (also known as probation) are not eligible to lodge an unfair dismissal claim through the Fair Work Commission. The minimum qualifying period is six months of service, or twelve months if your employer is a small business with fewer than 15 employees. If you are dismissed before this time, the Fair Work Commission generally does not accept unfair dismissal applications, which means a compensation claim through that pathway is usually not available.

However, there are other situations where a person dismissed during probation may still be able to take action, resulting in potential compensation.

If your termination happened suddenly, felt unfair or has left you uncertain, a confidential consult can help you understand:

• Whether any Fair Work options may apply to your situation

• Whether timing or context changes your eligibility

• Whether a general protections matter is possible instead of unfair dismissal

• What decisions support your wellbeing and next steps

Even if you cannot lodge a claim, many people find value in understanding their situation clearly and planning what comes next before making future career decisions.

The Fair Work Coach is a confidential guidance and coaching service for employees and professionals who are dealing with workplace problems. This includes performance management, disciplinary action and show cause, workplace investigations, suspension, stand downs, termination, unfair dismissal, general protections matters, and preparing to participate in the Fair Work Commission process. Our role is to help you understand your position, your options, and how to move forward with clarity. We can support you with documentation and preparation.

We regularly support employees with:

• Performance management and performance improvement plans

• Workplace investigations and allegations

• Show cause response letters

• Disciplinary meetings

• Stand downs and suspension

• Termination of employment

• Unfair dismissal claims

• General protections/adverse action claims

• Conciliation preparation

• Negotiating exit or settlement terms

• Understanding Fair Work Commission forms, timelines, and processes.

You will walk away feeling confident and in control.

No. We do not act as legal representatives and we do not provide legal advice. We coach you, prepare you, and support you to handle conversations, decisions, and Fair Work Commission processes independently. The Fair Work Coach does not provide legal advice.

A confidential consultation is a private one on one session where you explain your situation, we clarify the facts, and we help you understand your rights and choices. You will leave with a clear plan, next steps, and a realistic understanding of what you can do. You are not locked into anything further.

A no win no fee service usually means that if you receive a settlement, a large portion of it is taken by the provider. Some services also require you to sign documents that commit you to their process. The Fair Work Coach does not take a portion of your payout or compensation. We do not require lengthy agreements. We prepare you to negotiate and advocate for yourself, which means you stay in control and keep the full value of any outcome you achieve.

Yes. We can help you prepare documents, organise your thoughts, plan how to speak, understand what your employer or their representative might say, and plan negotiation strategy. Many clients tell us that preparation completely changed how confident and composed they felt on the day. We do not write your documentation for you but will support and review as needed.

No. We do not attend meetings with your employer and we do not contact your employer. Everything we do is focused on preparing and equipping you so that you do not feel alone or unsure of what to say.

Yes. Everything you share is confidential. We do not contact any third parties, and no one is informed that you have spoken with us.

All prices are displayed before booking. There are no ongoing fees and no percentage based charges. Any compensation or payouts that you receive upon dismissal, exit, or for compensation through an unfair dismissal claim or general protection claim are 100% yours.

Yes. Before offering any further support, we need to understand your situation in detail. The initial consultation ensures that any future advice or review is tailored and accurate.

That is one of the most common reasons people book. A confidential consultation helps you understand whether you have something worth pursuing, whether there is anything to protect, or whether it is better for you to step away. You get clarity either way.

A confidential consult gives you:

• Privacy to speak openly

• A neutral and independent perspective

• Options to consider before acting

• A plan that supports your wellbeing

• Confidence to take your next step.

Once booked and paid online, you will receive a confirmation email and your consultant will send you a Teams link for the meeting. If you would prefer a phone call instead of an online meeting, please just let us know.

Yes. A large portion of clients come to us before termination has happened. Early support often leads to a better outcome because you can prepare and avoid mistakes that harm your position.

Yes. We can review emails, responses to show cause letters, Fair Work Commission forms, submissions, or correspondence you need to send. We do this after the consultation so that we understand the context and risks before advising on wording. We do not do full document preparation.

We can, just ask.

In most cases, you must lodge an unfair dismissal application within 21 days of the date your dismissal took effect. If you are unsure, book a consultation immediately so that you do not lose your right to act.

We help you understand whether your experience may meet Fair Work thresholds, what options exist inside your workplace, and what external processes are open to you. Even if you choose not to act, you will know where you stand.

Yes. All sessions are available online through video or phone. We support clients throughout all states and territories, including New South Wales (NSW), Queensland (QLD), Victoria (Vic), South Australia (SA), Western Australia (WA), ACT, Northern Territory (NT), and Tasmania (Tas). We support all metro and all regional areas including Brisbane, Sydney, Melbourne, Perth, Adelaide and Darwin. We are unable to support public sector employees.

Unfortunately we are unable to support government employees through their respective industrial relations syustems.

No. The only person who knows is you.

That is completely fine. You are not pressured to act. The goal is to help you make the decision that feels right for you, whether that means taking action or moving forward with peace of mind.

The high-income threshold is currently $183,000 per annum, for which you generally cannot make a claim for unfair dismissal if you earn over this amount. There may still be other claims that you can make through the Fair Work Commission and you are not excluded from engaging our services for other workplace matters.