Unfair Dismissal in WA: The Time Limits and the First Steps

If you have been dismissed, the first thing that matters is not the merits of your case. It is the clock. Both systems that operate in Western Australia impose short time limits, and they are different from each other.

The time limits

• National Fair Work system: the Fair Work Ombudsman states that employees need to apply to the Fair Work Commission within 21 days of the dismissal taking effect.
• WA state system: the WA Industrial Relations Commission states an application must be made within 28 days of dismissal, unless the Commission decides it would be unfair not to accept a late application.

Which limit applies depends on how your employer is structured — see our guide on which employment system covers you in WA. Getting this wrong can cost the claim entirely, so it is the first thing to establish.

Qualifying periods

• In the national system, the Fair Work Ombudsman states employees need at least 6 months service before they can apply, or at least 12 months where the employer is a small business.
• The WA state system does not apply the same hard qualifying period. Where an employee is on probation and has been employed less than three months, the WA Commission takes that into account in deciding whether the dismissal was harsh, oppressive or unfair, rather than excluding the claim outright.

What to do in the first week

• Write down the date the dismissal took effect. Every deadline runs from it.
• Establish which system covers you before anything else.
• Collect the employment contract, position description, payslips, any warnings or performance documents, and the termination letter or message.
• Write your own account of what happened while it is fresh, with dates.
• Do not sign a deed of release or accept a payment described as final until you understand what you are giving up.
• Get advice quickly. Time limits this short leave no room to think it over for a month.

Unfair dismissal is not the only claim

Depending on the circumstances, a general protections claim, a discrimination complaint, or a claim about unpaid entitlements may fit better than unfair dismissal, and some of those carry their own deadlines. Which claim is right is a question worth asking before lodging anything.

Sources

• Fair Work Ombudsman — Unfair dismissal
• WA Industrial Relations Commission — Unfair dismissal applications

General information only, current at 26 July 2026. Confirm the limit that applies to you against your own circumstances before relying on it.