Employees—making a claim

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How long do I have to make a claim?

You must lodge your claim within 21 days of the dismissal coming into effect.

How do I know if I am eligible?

To determine if you are eligible to make an unfair or unlawful dismissal application in the Australian Industrial Relations Commission (AIRC) you should look at the relevant sections of the Workplace Relations Act 1996 and the Workplace Relations Regulations 2006.

Different eligibility criteria apply for unfair dismissal and unlawful dismissal. Further information is available in section 8 of the Termination of employment—general information guide.

Which application form do I use?

The form to use is Form R27—Application for relief in relation to termination of employment.

Copies of the form are also available from:

What costs are involved?

Employees are required to pay a lodgment fee of $57.30. This fee may be waived on the grounds that its payment would cause serious hardship.

An application for waiver should not be submitted (or lodged) separately, but should accompany the Form R27—Application for relief in relation to termination of employment. The fee may also be refunded if the matter is discontinued.

How do I submit the application form?

Applications can be submitted to the Registry over the counter, by facsimile, post, or online through the electronic filing facility on this website. The lodgment fee can also be paid online.

Late applications

A late application must include reasons as to why it would be unfair for the AIRC not to accept the application. If an employer lodges an objection to a late application a member of the AIRC will determine if an extension of time should be granted.