Guide · updated November 2026
The 21-day deadline for unfair dismissal
You must lodge within 21 days after the dismissal took effect. The day of dismissal isn't counted, and weekends and public holidays are. Late applications are only accepted in exceptional circumstances.
How to count
- Find the date your dismissal took effect (usually your last day)
- Day 1 is the next day
- Count 21 calendar days, including weekends and public holidays
- Lodge by the end of day 21, and preferably well before
Example: dismissed effective Friday 6 November, so day 21 is Friday 27 November.
If you're late
The FWC can accept a late application only in exceptional circumstances. It looks at the reason for the delay, any action you took to dispute the dismissal, prejudice to the employer, the merits, and fairness. Lodge as soon as you can and explain the delay.
Free help and official information: Fair Work Commission: unfair dismissal · Fair Work Commission: legal help and representation (including the free Workplace Advice Service) · Legal Aid NSW: termination of employment · Fair Work Ombudsman: ending employment
Check your deadline and your case, free
FairGo Work calculates your exact last day to lodge, checks your eligibility and case strength, then builds your Form F2 answers and prepares you for conciliation.
Check my deadline Build my claimMore: Who can claim unfair dismissal? · Unfair dismissal or general protections? · How much compensation for unfair dismissal? · Conciliation: what to expect · Filling in Form F2 · The Small Business Fair Dismissal Code · Was it a genuine redundancy? · Forced to resign: when it counts as dismissal