How to take an unlawful termination claim to court

This fact sheet explains what unlawful termination is, who is eligible to make a claim, and the application process.

Unlawful termination laws apply to all employees in Australia. However, you may not be able to make an unlawful termination claim if:

• you are able to make a general protections court application (see our fact sheet on general protections applications)
• you are covered by the national workplace relations system

This fact sheet covers:

• Do the unlawful termination laws apply to me?
• What is unlawful termination?
• When can I take my unlawful termination claim to court?
• Which court should I apply to?
• How do I apply?
• What happens next?
• What orders can the court make?

More resources

Further reading:

• Fair Work Commission – General Protections Benchbook
• Fair Work Ombudsman – Fact Sheets
• NSW Law Access – Employment rights
• The Law Handbook (NSW) – Chapter 22 on Employment Law
• Federal Circuit Court – Industrial Law
• Federal Court Rules 2011
• Federal Circuit Court Rules 2001