If you’ve lost your job, you might be wondering whether to file for unfair dismissal (Form 2) OR general protections (Form 8) in the Fair Work Commission. In this article, we will explain the key differences between these two claims.
Unfair Dismissal
You can make an unfair dismissal claim against your employer in the Fair Work Commission (the Commission) if you have been dismissed without a fair reason or without following a fair procedure.
Dismissals deemed unfair are those that are harsh, unjust or unreasonable.
When deciding if a dismissal was harsh, unjust, or unreasonable, the Commission will consider several factors, such as:
- Whether there was a valid reason for the dismissal
- Whether the employee was given a reason and a chance to respond
- If the dismissal was due to underperformance, whether the employee had a chance to respond
In deciding on whether or not they believe you were dismissed unfairly, the Commission will take into consideration anything related to your employment such as promotions, bonuses, feedback from managers, customers, clients, patients or colleagues.
How do I apply for an Unfair Dismissal Claim?
If you believe that your dismissal was unfair because it was harsh, unjust, or unreasonable, you can apply for an unfair dismissal claim by filing out Form F2 on the Fair Work Commission’s website.
Before making a Form F2 Unfair Dismissal Application, you need to make sure:
1. Your employer has already dismissed you: A requirement of unfair dismissal claims is that you have been dismissed, the Commission can make a judgement of dismissal, but as a benchmark, you CANNOT file a F2 Form if you are currently still working as an employee.
2. You have worked for the minimum employment period: You cannot file a F2 Form if you are a ‘short term employee’. A short-term employee is someone who has been employed for 6 months or less (or 12 months if your employer is a small business with less than 15 employees).
3. You are an employee protected by law: The law protects employees from unfair dismissal who:
- Work for a national system employer
- Earn less than the high-income threshold ($183,100/per year)
- If you are a casual employee – work on a regular and systemic basis
4. You were dismissed less than 21 days ago: The Commission sets a strict 21-day limit on filing a claim if you have been dismissed. Stress, confusion, waiting for Centrelink separation certificate, asking your employer for a second chance, going on holidays or a mental health break, waiting for a friend to recommend a lawyer or union are not accepted as reasons for missing this timeframe.
General Protections
You can make general protections claim against your employer in the Commission if you have experienced an adverse action (something negative) from your employer for exercising a workplace right or for your personal attributes (gender, sexuality, race, disability…).
An example of a workplace right is making a complaint or an enquiry about your pay, entitlements or other working conditions.
Unlike unfair dismissal claims, you can make general protections claim even if you haven’t been dismissed. Adverse actions include dismissals, but also extend to other factors such as demotions, reduction of hours, and other detrimental changes to your employment.
How do I apply for a General Protections Claim?
If you believe that you were dismissed for discriminatory reasons or because you were exercising a workplace right, you can make a general protections application by filing out Form F8 on the Fair Work Commission’s website.
Prior to making an application, you need to consider whether:
- You are an employee
- You are an employee protected by law
- You were dismissed or forced to resign
- You believe it was for a prohibited reason
Unlike unfair dismissal applications, general protection claims do NOT have any minimum employment period requirements, maximum salary limits or limits on the amount of compensation or other remedies that can be awarded.
However, you still must apply for general protections claim within 21 days of being dismissed.
Since a breach of general protections is a breach of the Fair Work Act 2009 (Cth), if you cannot resolve your dispute at the Commission (or even if your employer doesn’t show up), you must file a new claim in Court.
If your employer can prove that your dismissal was not mainly OR largely due to either discriminatory or workplace right reasons, then you are likely to lose. If you lose at Court, you are likely to incur legal costs. It is necessary to seek favourable legal advice before making a F8 Form application.
Summary
General protection claims are objectively more serious and require a higher standard of proof than unfair dismissal claims, as a breach of a general protection is a breach of law. As such, make sure you understand the difference between the two, and consider your prospects of success if you decide to make a F8 Form application for general protections. Likewise, if you decide to make an unfair dismissal claim, ensure you have met the F2 Form requirements before beginning your application. In any instance, if you are unsure and would like clarification, seek legal advice on which options are best suited before making any decisions.
Information accurate as of 2nd April 2026. The information above is not legal advice. If you have a legal issue, please get specific legal advice.
