Unfair dismissal in Victoria has only one system
Victoria is the simplest state in the country for this, and the reason is historical. Victoria referred its industrial relations powers to the Commonwealth in 1996 and renewed that referral in 2009. It is the only state to have handed over the lot.
The practical result: there is no Victorian unfair dismissal tribunal. Every Victorian employee who can claim unfair dismissal claims at the Fair Work Commission.
There is no state alternative
In Western Australia an employee of a sole trader is in the state system. In New South Wales, Queensland and South Australia, state public servants and local government employees go to their own state tribunal.
Victoria has neither. Private sector, state public sector and local government all sit in the national system. You do not have to work out which commission covers you, because there is only one.
What that removes
The jurisdiction trap does not exist here. Nobody in Victoria lodges at the Fair Work Commission and gets told weeks later that the Commission has no power over their employer. That mistake costs people claims in other states and it cannot happen to you.
What that creates
There is a flipside, and it matters more than the convenience.
In the states that kept a system, an employee who falls outside the federal rules sometimes has somewhere else to go. A Queensland state government employee shut out of the Fair Work Commission may still have the Queensland Industrial Relations Commission.
In Victoria there is no second door. If you do not meet the federal requirements, there is no Victorian tribunal to try instead. That makes the federal eligibility rules the whole question for you.
Two of them decide most cases: the minimum employment period and the 21 day deadline.
Your deadline is 21 days
You have 21 days from the day the dismissal took effect to lodge with the Fair Work Commission. Extensions are granted only in exceptional circumstances.
Compensation is capped at the lesser of 26 weeks' pay or $95,050. There is more on what is realistic on our compensation page.
Where to start
Because Victoria has one system, the whole question is whether you qualify under the federal rules and whether the dismissal was harsh, unjust or unreasonable. Everything on this site applies to you without qualification.
- What unfair dismissal is and the test the Commission applies
- Whether you are eligible, including the deadline and the minimum employment period
- What a claim can be worth
- What happens after you lodge
- Unfair dismissal or general protections, if you were dismissed for a protected reason
- If you resigned under pressure rather than being sacked
Tell us what happened and we will tell you honestly whether you are covered and whether it is worth pursuing.
Call 1800 UNFAIR (1800 863 247). The first call is free and there is no obligation. Monday to Friday 9am to 9pm, weekends 9am to 5pm.