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 private sector employer (company, sole trader, partnership or trust) or a Commonwealth Government entity?
The Fair Work Act covers national system employers. In Queensland that means almost every private sector employer, including sole traders, partnerships and trusts, because Queensland referred its industrial relations powers to the Commonwealth from 1 January 2010. The main employers outside the national system are Queensland state government departments and local councils, whose employees fall under the Industrial Relations Act 2016 (Qld) and the Queensland Industrial Relations Commission instead. Only in Western Australia does an unincorporated sole trader or partnership fall outside the Fair Work Commission's 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.