Your Claim, Step by Step

How It Works & FAQ

Every stage of your unfair dismissal claim - what happens, when to expect it, and answers to the questions our clients ask most at each point in the process.

From Dismissal to Settlement

Your Claim at a Glance

Six stages. Most claims resolve within 6 to 10 weeks of lodgement.

← scroll to see all stages →

1
Stage 1
Free Assessment
Same day
2
Stage 2
Sign & Lodge F2
Days 1 to 4
3
Stage 3
Employer Response
Weeks 1 to 4
4
Stage 4
Conciliation Scheduled
Weeks 4 to 8
5
Stage 5
Conciliation Conference
Weeks 5 to 9
6
Stage 6
Settlement & Payment
Weeks 7 to 11
Typical total duration: 6 to 10 weeks
~90% of claims settle at Stage 5
21-day lodgement deadline - do not delay
What to Expect & When

Your Timeline Week by Week

Use this to locate yourself in the process. Long silences between stages are completely normal - here's why.

Day 1
Wk 1
Wk 2
Wk 3
Wk 4
Wk 5
Wk 6
Wk 7
Wk 8
Wk 9
Wk 10
Wk 11
1-2 Assess & Lodge
Sign & lodge F2
3 Employer Response
FWC sends F3 - employer has 7 days to respond
ⓘ
Weeks 1-4: Why you may not hear from us - After lodgement the FWC takes time to register your application, serve the employer, and receive their response. This is normal. No news is good news.
4 Conciliation Scheduled
FWC issues Notice of Listing - we forward it to you
5 Conciliation Conference
ADS represents you - ~90% of claims settle here
6 Settlement & Payment
Deed signed → payment within 7 days
Action / active stage
FWC processing - no action needed from you
Resolution & payment

What You Can Get at Conciliation - FWC Compensation Data ↗

Most people ask for a combination of the following. We decide what to ask for based on your specific circumstances.

Financial Compensation

Assessed on your individual circumstances. The maximum at arbitration is 26 weeks' pay, capped at $95,050 for dismissals on or after 1 July 2026 (indexed annually).

Resignation on Record

Your former employer agrees to record the separation as a resignation and respond to reference checks accordingly.

Statement of Service

Written confirmation of your position, duties, and dates of employment.

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1
Stage 1 - First Contact

Free Eligibility Assessment

Contact us as soon as possible after your dismissal. We assess whether you qualify to make an unfair dismissal claim under the Fair Work Act 2009 - at no cost and with no obligation to proceed. We check your employment length, earnings, award coverage, and the circumstances of your termination. If you qualify, we explain your options and make you an offer to run your claim.

When
Same day you contact us
Frequently Asked - Eligibility
Under the Fair Work Act, a dismissal may be unfair if it was harsh, unjust, or unreasonable. The Fair Work Commission considers whether there was a valid reason for the dismissal related to your capacity or conduct, and whether proper procedure was followed - including whether you were notified of the reason and given an opportunity to respond. A dismissal can be found unfair on procedural grounds alone, even if there was a valid underlying reason.
To be eligible, you generally need to have been employed for at least 6 months (or 12 months if your employer has fewer than 15 employees), be covered by the national workplace relations system, and earn at or below the high income threshold - unless you are covered by a modern award or enterprise agreement, in which case the threshold does not apply. The threshold is indexed each 1 July and confirmed during your free assessment. We check all of this as part of your initial consultation.
Probation has no special legal status under the Fair Work Act. What matters is whether you have reached the minimum employment period - 6 months for employers with 15 or more employees, or 12 months for smaller businesses. If you have passed that threshold, the fact that you were described as "on probation" does not prevent you from making a claim. Contact us and we will check your start date.
Possibly. "Genuine redundancy" is a defence to an unfair dismissal claim - but it only applies if the role was truly no longer required, the employer complied with any consultation obligations under an award or agreement, and redeployment to another suitable role was considered and not available. If your role has since been refilled, another person is doing essentially the same work, or consultation was inadequate, the redundancy may not be genuine. Contact us - redundancy claims are often worth pursuing.
Yes. Visa holders have the same protections under the Fair Work Act as Australian citizens and permanent residents. Your visa status does not affect your eligibility to make an unfair dismissal claim, provided you meet the standard criteria.
Yes, possibly. Casual employees can be eligible if they were employed on a regular and systematic basis and had a reasonable expectation of continuing employment. This is assessed case by case - contact us so we can review your specific situation.
Possibly. If you resigned because your employer's conduct left you with no reasonable choice (known as 'constructive dismissal'), this may still be treated as a dismissal under the Fair Work Act. If you were pressured to resign or forced out, contact us urgently - these claims are just as time-sensitive.
It depends. The end of a genuine fixed-term contract is not automatically an unfair dismissal. However, if you were dismissed before the contract ended, or if the fixed-term arrangement was not genuine, you may have a claim. Contact us to discuss your circumstances.
Yes. If you were dismissed because you exercised a workplace right - such as making a complaint, taking sick leave, or raising safety concerns - this may be a General Protections claim rather than an unfair dismissal claim. Both have a 21-day deadline. Contact us immediately so we can assess which type of claim fits your situation.
Our standard service requires no payment unless we achieve a financial settlement for you. Our fee is deducted from the settlement before the balance is transferred to you. If we don't achieve a result, you owe us nothing. We also offer a discounted upfront option for clients who prefer to pay at the start and keep 100% of any settlement. Full details are on our Fees page.
Yes, in some cases. There is a high income threshold that is indexed each 1 July - if your annual earnings are above this threshold, you may not be eligible unless you are covered by a modern award or enterprise agreement. We confirm this as part of your free assessment.
2
Stage 2 - The 21-Day Deadline & Lodgement

Engagement Agreement & Filing Your Claim

Once you qualify, we send you our engagement agreement. Return it promptly - we cannot begin preparing your F2 until it is signed, and your 21-day deadline does not pause. Once you sign, we prepare your Form F2 application and lodge it with the Fair Work Commission, typically within 1 to 3 days. You will receive a lodgement confirmation and a receipt for the lodgement fee from the FWC directly.

Deadline
21 calendar days from dismissal
Frequently Asked - The 21-Day Deadline
You must lodge your application with the Fair Work Commission within 21 calendar days of the date your dismissal took effect. Day one starts the day after your dismissal - weekends and public holidays count. If the 21st day falls on a weekend or public holiday when the Commission is closed, the deadline extends to the next business day. Do not delay.
The 21 days starts from the date your dismissal takes effect - typically your last day of employment (the end of your notice period), not the day you were told. If you received payment in lieu of notice, your dismissal may have taken effect on the day you were notified. Contact us promptly so we can confirm the correct start date.
The FWC can grant an extension only in exceptional circumstances - this is not automatic and extensions are rarely granted. If your 21 days has passed or is close to expiring, contact us immediately. Even if the deadline has passed there may still be options depending on your specific circumstances.
Once you sign your engagement agreement, we assess your circumstances in detail, prepare your Form F2 application, and lodge it with the FWC - typically within 1 to 3 days. The FWC then writes to your former employer requesting their response. All FWC correspondence is sent to all parties simultaneously, so you'll receive the same emails we do.
3
Stage 3 - Employer's Response

Employer Files Their F3 Response

After your application is lodged, the FWC writes to your former employer requesting their formal response - the Form F3. They typically have 7 days to respond (and may request an extension). When we receive the F3, we forward you a copy with a covering email asking for your written comments on anything that is simply untrue. Do not contact the FWC directly or reply to any FWC correspondence - we manage all communication on your behalf.

When
~7 to 21 days after lodgement
Frequently Asked - Employer's Response
Don't worry - employers routinely say unflattering things in their F3 responses. It's completely normal and we've seen it thousands of times. We'll send you a copy and ask you to provide us with your written comments on anything that is simply untrue. Please do not contact the FWC or reply to any correspondence directly. We manage all communication on your behalf.
No. Once you have engaged us, all communication should go through our team. Do not reply to FWC emails, do not contact your former employer about the claim, and do not reply-all to any correspondence. If you receive anything unexpected, forward it to us and we will advise you on the appropriate response.
Employers can request an extension to file their F3 - this is relatively common. We will notify you if an extension is granted and update your expected timeline accordingly. It doesn't affect your claim's merit.
4
Stage 4 - Notice of Listing

Your Conciliation Date is Set

The FWC schedules your conciliation conference and sends a Notice of Listing to all parties. This confirms the date, time, and format of your conciliation (usually a Microsoft Teams audio call). We calendar the date, prepare your case brief for our representative, and send you a reminder with full instructions on what to expect beforehand and how to join the call.

When
~4 to 8 weeks after lodgement
Frequently Asked - Notice of Listing
Conciliation conferences are typically scheduled 4 to 8 weeks after your application is lodged, depending on the FWC's caseload. We will forward you the Notice of Listing as soon as we receive it and keep you updated on any changes to the scheduling.
Yes, occasionally dates are rescheduled - either at the FWC's request or if a party has a genuine conflict. We will notify you immediately if this happens and confirm the new date as soon as it is set.
5
Stage 5 - Conciliation Conference

Your Day at the Fair Work Commission

Conciliation is a 90-minute audio conference via Microsoft Teams. It involves a FWC conciliator, your former employer and their HR or nominated representatives, and our consultant representative alongside you. We present structured arguments for why your dismissal was unfair and negotiate on your behalf. You participate but our representative does most of the speaking. Approximately 90% of our matters resolve at conciliation.

Duration
90 minutes via Teams
Frequently Asked - Conciliation
Yes, you need to be on the call - but you do not need to speak much. Our representative manages the process and presents arguments on your behalf. The FWC conciliator facilitates and your role is largely to be present and available to provide instructions to our representative if needed.
Conciliation proceeds in nearly all matters - employers do not simply opt out. What employers sometimes do is raise a jurisdictional objection (for example, arguing you were not dismissed, that you were a genuine independent contractor, or that the dismissal was a genuine redundancy). A jurisdictional objection may be dealt with separately, before or at conciliation, depending on the Commission's approach. We will advise you if your employer raises any formal objections and how they are likely to be handled.
Costs orders in the Fair Work Commission are rare. As a general rule, each party bears its own costs. The FWC can order costs against an applicant only in limited circumstances - for example, if a claim was made vexatiously or without reasonable cause. For straightforward unfair dismissal claims, this is not a significant practical concern.
Reinstatement is the primary remedy under the Fair Work Act - it is what the Commission considers first if a claim proceeds to arbitration. In practice, most applicants prefer a financial settlement, and reinstatement is rarely ordered at conciliation. If getting your job back is important to you, let us know and we will factor that into our approach.
If your claim does not settle at conciliation, the FWC may refer it to a directions hearing and ultimately arbitration - a formal process before a Member or Commissioner that involves in-person attendance, written submissions, and cross-examination, and can take many months to resolve. We discuss your options with you if conciliation does not resolve your claim and advise on the best path forward based on your specific circumstances.
6
Stage 6 - Settlement & Payment

Settlement, Deed & Payment

Once settled, we prepare the Terms of Settlement or Deed of Release via Adobe Sign within one business day. Both parties execute the deed electronically. Your former employer then makes payment within the agreed timeframe - typically 7 days from execution. Funds are transferred directly to your nominated bank account. We then file a Notice of Discontinuance (Form F50) with the FWC to formally close your claim.

Payment
Typically 7 days after deed execution
Frequently Asked - Settlement & Payment
The amount depends on your specific circumstances - including your age, length of service, earnings, disciplinary history, and the strength of your claim. At arbitration, the maximum is 26 weeks' pay, capped at $95,050 for dismissals taking effect on or after 1 July 2026 (this figure is indexed each 1 July). Settlement outcomes vary and will be discussed with you as part of your assessment.
Most people also ask for: (1) the separation recorded as a resignation - the employer agrees to characterise the separation as a resignation and respond to reference checks accordingly; (2) a statement of service - written confirmation of your position, duties, and dates of employment; (3) mutual confidentiality and non-disparagement clauses; and (4) superannuation acknowledgment for any outstanding contributions. We will discuss what makes sense for your situation.
Yes. Tax is withheld from employment termination payments at rates that depend on your age and the nature of the payment - commonly 32% for those under preservation age, but lower rates may apply if you are older. When we notify you that payment has been received, we provide a full breakdown - gross settlement amount, tax withheld, our fee deducted, and the net amount being transferred to your bank account. We recommend seeking independent tax advice for your specific situation.
No, finding new work does not prevent you from making a claim. However, your new earnings are relevant to the compensation calculation - under the Fair Work Act, applicants have an obligation to mitigate their loss, and income earned after dismissal is taken into account in assessing the amount. It does not end your claim; it may affect the quantum.
Conciliation conferences are private and confidential - they are not public hearings and no record is published. Settlements almost always include mutual confidentiality clauses, meaning neither party may disclose the terms. If a claim proceeds to arbitration and a decision is issued, those decisions are published on the FWC's website. The overwhelming majority of claims settle at conciliation and remain confidential.
A signed deed is a legally enforceable contract. Non-payment is uncommon, but if it occurs we follow up immediately with the employer or their representatives. If payment is still not made, the deed can be enforced through the courts as a breach of contract. We remain involved in your claim until payment is received and transferred to you.
Once the settlement deed is executed, your former employer pays the agreed amount and we transfer it directly to your nominated bank account. Payment typically occurs within 7 days of the executed deed.
Most claims resolve within 6 to 10 weeks of lodgement. Stage 2 (lodgement) typically takes 1 to 3 days after you sign; Stage 3 (employer response) takes a further 7 to 21 days; Stage 4 to 5 (conciliation scheduling) adds 4 to 8 weeks. Payment follows approximately 7 days after a settlement is reached. The timeline is largely set by the FWC's scheduling rather than anything either party controls.
Possibly. Lump sum settlement payments may affect your Centrelink entitlements, including income support payments - Services Australia applies an income maintenance period to certain employment termination payments. We flag this because it can be a surprise: we recommend checking with Services Australia or a financial counsellor before or shortly after your settlement is confirmed.
Unfortunately, no service can guarantee outcomes - neither we nor the FWC can control what your former employer offers or how they behave at conciliation. However, based on our last 500 claims, our overall success rate is just over 91% and approximately 90% of our matters resolve at conciliation. We only take on claims we genuinely believe have merit. Last reviewed: September 2026.
Eligibility

Do You Qualify?

The Fair Work Act sets specific eligibility criteria. Contact us for a free assessment - we'll confirm whether you qualify within minutes.

You may qualify if you

  • ✓ Were dismissed (including constructive dismissal)
  • ✓ Were employed for at least 6 months (or 12 months for small businesses)
  • ✓ Earn at or below the high income threshold (confirmed in your free assessment), or are covered by a modern award or enterprise agreement
  • ✓ Are covered by the national workplace relations system
  • ✓ Are within 21 days of your last day of employment

You may not qualify if you

  • ✗ Resigned voluntarily (unless constructive dismissal applies)
  • ✗ Were employed for less than the minimum period
  • ✗ Work for a State Government employer (in most states)
  • ✗ Are a genuine independent contractor
  • ✗ Are past the 21-day deadline (extensions are rarely granted)
Terms & Conditions

Our Terms & Conditions

What Is Unfair Dismissal?

Unfair dismissal occurs when an employee is dismissed in a harsh, unjust, or unreasonable manner. Employees have legal protections under the Fair Work Act 2009 (Cth) and can lodge claims with the Fair Work Commission (FWC).

To be eligible, you must qualify against the criteria in the Act - including minimum employment period (6 or 12 months depending on employer size), coverage under the national system, and earning at or below the high income threshold.

The Two Stages

Conciliation: A 90-minute audio conference via Teams involving the FWC, your former employer, and our representative alongside you. This is where approximately 90% of our claims settle.

Arbitration: A formal hearing before a Member or Commissioner - similar to appearing in court. This can take many months, involves in-person attendance, cross-examination, and is considerably more expensive. It is almost never worth proceeding to arbitration if your primary goal is the financial outcome.

What Can You Get?

At conciliation, most people ask for financial compensation, the separation recorded as a resignation, and a statement of service. We decide what to ask for based on the specific circumstances of your claim.

For more information on FWC published averages: fwc.gov.au → Possible Results

What Are the Guarantees?

There are no guarantees. Neither we nor the FWC can control what your employer offers or how they behave at conciliation. However, based on our last 500 claims, our overall win rate is just over 91% and we settle approximately 90% of matters at conciliation. We only take on claims we believe have merit.

How Payment Works

If your claim settles, your former employer pays the agreed amount under the signed settlement deed. We explain the payment steps and any agreed fee before you decide to proceed. We then provide you with a written breakdown of the settlement amount, any tax withheld, our fee, and the net amount transferred to your nominated bank account.

Ready to Get Started?

Contact us today for your free assessment. If you qualify, we can lodge your claim within days.

Complete Free Questionnaire See Our Fees