DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- Being sacked is called a dismissal. You may be able to challenge it if it was harsh, unjust or unreasonable, or if it was for a reason the law protects.
- The time limit is short. In the national system you usually have 21 days from the day you were dismissed to apply.
- Whether you can apply depends on how long you worked there, the size of the business, and whether you are in the national or Queensland system.
- Your employer must usually pay your final pay, and may owe you notice. Check both.
- Free help is available. The Fair Work Commission runs a free advice service for some people.
What this usually means
Being sacked is called a dismissal. It is when your employer ends your job. Sometimes people are pushed to resign instead. That can count as a dismissal too, if you had no real choice.
Most Queensland workers are in the national system, under the Fair Work Act 2009. State government and local council employees are in the Queensland system, under the Industrial Relations Act 2016. The rules are similar, but the tribunal is different.
You may be able to challenge a dismissal in two main ways:
- Unfair dismissal. The dismissal was harsh, unjust or unreasonable. You apply to the Fair Work Commission.
- General protections. The dismissal was for a reason the law protects, such as using a workplace right, making a complaint or being sick. This has fewer conditions about who can apply.
To apply for unfair dismissal in the national system, you usually need to have worked for the employer for at least 6 months (12 months if it is a small business with fewer than 15 employees). You also need to be covered by an award or agreement, or earn less than the high income threshold. Employers who follow the Small Business Fair Dismissal Code are usually treated as having dismissed fairly.
These are general conditions. Whether you can apply in your case is a question for the people listed at the end.
What you can do now
- Check the date. Work out the day you were dismissed. Count 21 days from the day after. Write the last day down.
- Ask for the reason in writing, if it was not given. A short email is fine. Keep a copy.
- Save the evidence. Keep your contract, pay slips, warnings, texts and emails. Do not rely on a work account you may lose access to. Take copies you are allowed to keep.
- Check your final pay. You should be paid what you are owed to your last day, including unused annual leave. Many awards require this within 7 days. Check whether you were owed notice, or pay instead of notice. Notice is not owed if you were dismissed for serious misconduct.
- Get help before the 21 days run out. The Fair Work Commission has a free advice service for some people. A union, a community legal centre or Legal Aid Queensland may also help.
- Think about the work you do next. Looking for new work does not stop you from applying. Keep records of your job search.
If your employer says you were sacked for serious misconduct, you may not be owed notice. Serious misconduct is deliberate behaviour that is inconsistent with continuing in the job, such as theft or assault. It is a high bar. An employer saying so does not make it true, and you can still challenge it.
You may also hear the term constructive dismissal. This is when you resign, but only because of how your employer treated you. It can still be a dismissal under the law. The same 21 day limit applies, so get advice before you decide.
Time limits
- Unfair dismissal (national system): 21 days from the dismissal.
- General protections involving dismissal: also 21 days, starting from the day after you were dismissed.
- Queensland system (state and local government): also 21 days for a reinstatement application. The Queensland Industrial Relations Commission may allow more time if it is persuaded there are reasons.
- Unpaid entitlements: a separate and longer limit. See the guide on unpaid wages.
The 21 day limit is strict. Late applications are accepted only in limited cases. Do not wait to see how you feel next week.
If it goes further
Most applications start with a conciliation. A neutral person helps you and your employer talk about settling. Many cases end there. If not, the Commission may hold a hearing. The Commission can order reinstatement, or compensation if that is not practical. Compensation is capped.
You can often attend without a lawyer. Some people prefer help, and rules about lawyers appearing for you can apply. Ask the service you contact.
Questions to ask whoever helps you
- Am I covered by the national system or the Queensland system?
- Do I meet the conditions for unfair dismissal, or is general protections a better fit?
- What is my exact deadline, and how do I apply today if I need to?
- Was I owed notice and final pay, and have I been paid correctly?
- What might a settlement look like, and what should I think about before agreeing to one?
Good questions
Can my employer sack me without a reason?
It depends. Many employees are protected from a dismissal that is harsh, unjust or unreasonable, but only if they meet the conditions for applying. A dismissal for a protected reason, such as asking about your pay, is not allowed at all. Get advice on your case.
Do I get paid after I am sacked?
Usually yes. Your employer must pay what you are owed up to your last day, including unused annual leave. Many awards require this within 7 days. You may also be owed notice, or pay instead of notice, unless you were dismissed for serious misconduct.
What if I was sacked while on sick leave or after I complained?
That may be a general protections matter, which can cover dismissal for reasons such as using a workplace right. It has the same 21 day limit, so act quickly.
What if I work for the Queensland Government or a council?
You are likely in the Queensland system. Reinstatement applications go to the Queensland Industrial Relations Commission, and the limit is also 21 days, though the Commission may allow more time for good reasons.
Words you might hear
- Dismissal
- When your employer ends your job. It can include being forced to resign because of how your employer treated you.
- Unfair dismissal
- A dismissal that was harsh, unjust or unreasonable. You apply to the Fair Work Commission (or the QIRC in the Queensland system).
- General protections
- Rules that stop an employer taking action against you for a protected reason, such as using a workplace right or because of discrimination.
- Serious misconduct
- Deliberate behaviour that is inconsistent with continuing the job, such as theft. An employer does not need to give notice in this case.
Where this comes from
- Unfair dismissal, Fair Work Ombudsman
- Dismissal, Fair Work Ombudsman
- Protections at work, Fair Work Ombudsman
- Final pay, Fair Work Ombudsman
- Unfair dismissal, Queensland Industrial Relations Commission
- Unfair dismissal and reinstatement application guide, Queensland Industrial Relations Commission