Free Employer Tool
Unfair Dismissal Defence Checker
An employee has made an unfair dismissal claim against your business. Answer a few questions to get a preliminary indication of your defence position and whether a jurisdictional objection may be available.
Is your business a company (Pty Ltd, Ltd) or Commonwealth Government entity?
The Fair Work Act generally covers employees of constitutional corporations (companies), Commonwealth public servants and employees in the ACT and NT. If your business is an unincorporated sole trader or partnership, state industrial relations law may apply instead and the Fair Work Commission may not have jurisdiction.
Disclaimer: This tool provides general information only and is not legal advice. It does not account for all of the factors the Fair Work Commission will consider when determining an unfair dismissal claim. The questions are based on the unfair dismissal provisions in Part 3-2 of the Fair Work Act 2009 (Cth) as at March 2026. You should obtain legal advice about your specific circumstances. Use of this tool does not create a solicitor-client relationship with Astris Law.