Submitting an application
How do I submit an application?
- To start an application, you must fill in a Form 2 – Unfair Dismissal Application, which may be lodged in the Registry of the Commission in person, by online lodgement, by email or by post.
- Please note that your application must be made within 28 days of your dismissal, unless the Commission decides that it would be unfair not to accept the application.
- When lodging the application, you are required to pay a lodgement fee. To check the fees payable see Fees and charges.
- You are not required to have a representative and can represent yourself in your application. For information on representation and representing yourself, please click here.
Who is my employer?
Your employer is not necessarily the director, owner or manager of the business. To identify your former employer, one or more of the following may be helpful:
- group certificate;
- pay slip;
- letter of appointment;
- job advertisement;
- written employment contract or agreement; and
- performing a company or business name search.
You could also try to obtain company information from the Australian Securities and Investments Commission (ASIC) or the Department of Mines, Industry Regulation and Safety.
What happens next?
After you have submitted your Form 2, the Commission’s Registry will:
- check the form to make sure that it contains all the required information;
- if the form is complete, send a copy of it to you for your records; and
- serve a copy of it on your former employer. There is no need to serve a copy of your Form 2 on your former employer unless you are instructed to do so.
If your employer intends to respond to your claim, they can file a response. This must be done within 21 days of being served a copy of your claim.
After your application has been filed and your former employer has had an opportunity to file a response, your matter will be allocated to a Commissioner and listed for a conciliation conference.