Termination Of Employment

MKI Legal are experts in assisting you if you have been dismissed from your employment. Our staff have advised thousands of employees regarding the termination of their employment.

It is important to get the right advice to find out if your dismissal was in breach of the law. Call us today to have a free discussion so we can provide you with information about your rights.

Remember that you only have 21 days from the day your dismissal took effect (usually your last day of employment) to lodge a claim with the Fair Work Commission. In the WA state system the limit for unfair dismissal is 28 days.

Dismissed or About to Be? Your Claim and Your Deadline

After a dismissal in Western Australia there are four main claims. Which one you can bring depends on who employed you and why you were dismissed, and you generally have to choose one.

Which System Are You In?

Most WA employees are in the national system under the Fair Work Act 2009 (Cth), because their employer is a trading or financial corporation. You are probably in the WA state system if you work for a sole trader, a partnership, a trust with individual trustees, a WA government department or agency, or, since 1 January 2023, a WA local government. See am I covered?

The Main Claims

Unfair dismissal (national system). Was the dismissal harsh, unjust or unreasonable? You need 6 months' service, or 12 months with a small business, and you must be covered by an award or enterprise agreement or earn under the high income threshold ($190,100 for dismissals from 1 July 2026).
General protections (national system). Were you dismissed because you complained, took leave or were ill or injured, or because of your age, sex, race or disability? There is no minimum period, no income threshold and no cap on compensation. Since 7 July 2026 an alleged dismissal is enough to apply, so an employer's claim that you resigned does not stop the application.
Unlawful termination (mainly for WA state system employees). A federal claim for dismissal for a reason listed in s 772 of the Fair Work Act, such as discrimination, illness or injury, or union activity.
Unfair dismissal in the WA state system. Made to the Western Australian Industrial Relations Commission (WAIRC) under the Industrial Relations Act 1979 (WA). There is no minimum period of employment.

Unpaid notice, leave or redundancy pay? See notice and final pay and redundancy.

Count Your Days Now

21 days from the day your dismissal took effect for an unfair dismissal, general protections or unlawful termination claim (ss 394(2), 366(1) and 774). Late claims are accepted only in exceptional circumstances.
28 days after your employment ended for a WA state system unfair dismissal claim (s 29(2)(a)). Late claims are accepted only if the WAIRC considers it would be unfair not to (s 29(3)).

If you are not sure which applies, work to 21 days.

If You Think You Might Be Dismissed

Get advice before you resign, respond to allegations or sign a deed of release. See what to do if you might be dismissed.

How We Help

MKI Legal's employment lawyers have advised Perth employees since 2012, and the firm was named a Doyle's Guide leading WA employment law firm for 2026. As your unfair dismissal lawyers, we:

work out which system you are in, which claim fits and your exact deadline;
prepare and lodge your application with the Fair Work Commission or the WAIRC;
represent you at the conference or conciliation and negotiate with your employer; and
review any settlement or deed of release before you sign it.

Call us for a free discussion.

How We Can Help

Unfair Dismissal

Our guide to unfair dismissal under the Fair Work Act: who can claim, the 21-day deadline, what the Fair Work Commission looks at, how the process runs and what you can get. We also explain general protections, the other main dismissal claim.

General Protections

Many people have heard of unfair dismissal but not general protections. A general protections claim asks why your employer acted. There is no minimum employment period, no income threshold and no cap on compensation, and it covers harmful action short of dismissal too.

What To Do If You Have Been Dismissed

Losing your job is never easy, but it doesn't have to be the end of the world. This step-by-step checklist sets out what to do after a dismissal, starting with the deadline that matters most.

Manager & Executive Dismissals

If you are a manager or an executive, MKI Legal has experience helping people in your situation with the extra complexities of senior dismissals: the income threshold, contract claims, bonuses and equity, restraints and your reputation.

Examples Of Common Unlawful Dismissal Scenarios

We look at common situations where an employee may have a dismissal claim against their employer: complaints, leave, discrimination, sham redundancies, performance, process and forced resignation. There are many more than we could list here.

Redundancy

In this guide, we explain what a genuine redundancy is, how redundancy pay works, and what you can do if you believe your redundancy wasn't handled properly by the business.

Notice & Final Pay

We discuss some basic information that you should be aware of when reviewing your final pay to ensure you’ve been paid correctly.

Unlawful Termination

An unlawful termination claim is for employees who are not in the national system: in WA, for example, people employed by a sole trader, a partnership, a WA government agency or a WA local government. It protects against dismissal for discriminatory and other prohibited reasons.

Bankruptcy & Liquidation

We explain what happens if a business goes into liquidation and how to recover your entitlements if the business is unable to pay you.

Case studies