Most people who call us after losing their job say the same thing: it happened fast. A meeting at four on a Friday, a letter slid across the table, a laptop handed back before the lift. By Monday the shock has turned into questions, and some of those questions have deadlines attached.
This note is about the first week. It won’t tell you whether you have a claim, because that depends on details we’d need to hear. It will tell you what to keep, what to ask for and what not to sign while you’re still working it out.
Write it down while it’s fresh
Before anything else, write an account of the meeting. Who was in the room, what each person said, what reason you were given and what you were handed. Note the time and date. If you were told in a phone call or a message, keep the call log or take a screenshot.
It feels like a small thing. It rarely is. Months later, the strongest evidence in a dismissal dispute is often a plain note written the same evening, before anyone had a reason to remember it differently.
The 21-day clock
If you think the dismissal was unfair, the claim goes to the Fair Work Commission, and it has to be lodged within 21 days of the dismissal taking effect. The same limit applies to most general protections claims, where the dismissal was for a reason the law doesn’t allow, such as taking sick leave or raising a complaint.
Twenty-one days is shorter than it sounds. Extensions are granted only in exceptional circumstances, and waiting to see whether your employer changes its mind is not usually one of them. If you’re unsure, get advice early and decide later.
What to ask for
You’re entitled to a clear answer on what you’ll be paid and when. Ask your employer, in writing, for:
a letter confirming the date your employment ends and the reason given;
a breakdown of your final pay, including notice or pay in lieu of notice;
your accrued annual leave and, if you qualify, long service leave;
a copy of your employment contract and any policies they relied on.
Keep the request short and polite. You’re building a record, not starting an argument.
What not to sign yet
Some employers offer a payment in exchange for a deed of release, which usually means giving up the right to make any claim. Sometimes that’s a fair outcome. Sometimes the amount is far below what a claim would be worth, and the deadline to sign falls inside your 21 days on purpose.
You don’t have to sign on the spot, and a reasonable employer won’t insist that you do. Ask for a copy to take away and a few days to get advice. If they refuse, note that too.
Look after the practical things
Return company property you still hold and ask for a receipt. Keep copies of your own payslips, performance reviews and any messages that bear on what happened, but only those you were entitled to have. Don’t take confidential company documents; it can undo an otherwise good claim.
If you need income support, you can apply to Services Australia while things are being resolved. Being let go doesn’t stop you claiming.
If you were told it’s a redundancy
Redundancy is different from a dismissal for performance or conduct. A genuine redundancy is one where the job itself is no longer needed, the employer has followed any consultation obligations in its award or agreement, and it wasn’t reasonable to move you to another role in the business. When those conditions are met, an unfair dismissal claim generally isn’t available, though you may be owed redundancy pay depending on your length of service and the size of the employer.
If you suspect the redundancy was really about you rather than the role, say so when you call. It’s one of the most common questions we look at.
How we help in that first week
When you call, Eleanor or Ben will ask for the letter, your contract and your note of the meeting. Within a day or two we’ll tell you, in writing, whether there’s a claim worth making, roughly what it could be worth and what it would cost to pursue. If there isn’t, we’ll say so, and you’ll have lost nothing but a phone call.
