Guide · updated November 2026

Unfair dismissal or general protections?

You can make an unfair dismissal claim or a general protections dismissal claim about the same dismissal, but not both.

Unfair dismissal (F2)General protections (F8)
Deadline21 days21 days
Minimum employment6 months (12 for small business)None
Income capA$190,100 unless award or agreement coveredNone
The questionWas it harsh, unjust or unreasonable?Was it because of a protected reason?
Compensation capLesser of 26 weeks' pay or A$95,050No equivalent cap if it goes to court

A general protections dismissal claim (Form F8) is for a dismissal because of a protected reason, such as making a complaint, taking leave, a workplace right, illness or injury, or discrimination. It has the same 21-day deadline, but no minimum employment period and no income cap.

General protections claims that don't settle can go to court, which is more complex. Get advice if you're choosing F8.

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

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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.

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More: The 21-day deadline for unfair dismissal · Who can claim unfair dismissal? · 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