Legal Project Management Plan & Checklist
Use this plan when your client has been dismissed from employment and wants to apply for an unfair dismissal remedy before the Fair Work Commission. The 21-day filing deadline runs from the date the dismissal takes effect - open this plan immediately on receipt of instructions to assess eligibility and prepare the Form F2 application. This plan has two forks: General Protections (for dismissals that may involve adverse action against a workplace right or protected attribute) and Out of Time (for applications filed after the 21-day deadline).
Australia - federal jurisdiction. Applications are made to and heard by the Fair Work Commission (FWC). If a general protections claim remains unresolved at the FWC conference stage, it is transferred to the Federal Circuit and Family Court of Australia (FCFCOA) or the Federal Court.
The process begins with assessing eligibility - the employee must have completed the minimum employment period (6 months for employers with 15 or more employees, 12 months for small businesses), must not earn above the high-income threshold unless covered by an award or enterprise agreement, and must not have been genuinely made redundant or dismissed in accordance with the Small Business Fair Dismissal Code. If eligible, a Form F2 application is filed within 21 calendar days of the dismissal taking effect. The employer files a Form F3 response within 7 days. The FWC schedules a conciliation conference - approximately 78% of matters settle at this stage. If unresolved, the applicant may elect to proceed to a formal hearing where both parties present evidence and submissions. The Commission can order reinstatement or compensation capped at 26 weeks' pay or half the high-income threshold, whichever is lower.
Use this fork when the dismissal may have occurred because the employee exercised a workplace right, had a protected attribute (such as race, sex, age, or disability), or was temporarily absent due to illness or injury. A general protections claim is a different cause of action from unfair dismissal - it is governed by Part 3-1 of the Fair Work Act and carries a reverse onus of proof once adverse action is established. Critically, an employee cannot pursue both an unfair dismissal claim and a general protections claim arising from the same dismissal (s 725 election).
Use this fork when the unfair dismissal application has been filed after the 21-day deadline. The Fair Work Commission has a very narrow discretion to allow a late application, and only where there are exceptional circumstances - this is a high bar that is strictly applied. Open this fork immediately to map the reasons for the delay and assess whether they meet the statutory criteria before investing further in the matter.
Key legislation: Fair Work Act 2009 (Cth) - s 394 (Form F2 application, 21-day filing deadline), s 394(3) (exceptional circumstances test for out-of-time extensions), s 382 (eligibility - minimum employment period and award or agreement coverage), s 333 (high-income threshold), s 392 (compensation formula, cap at 26 weeks or half high-income threshold), s 387 (criteria for assessing whether a dismissal is unfair), s 399A (costs orders for unreasonable conduct), s 725 (bar against pursuing both unfair dismissal and general protections claims for the same dismissal), Part 3-1 (general protections and adverse action). Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 - s 15A (new statutory definition of employee emphasising substance over contractual labels). Current thresholds from 1 July 2025: high-income threshold \,100/year; compensation cap \,550; filing fee \.20. Key cases: Nulty v Blue Star Group Pty Ltd [2011] FWAFB 975 ('exceptional circumstances' for out-of-time extensions); TWU v Qantas Airways [2023] HCA 27 (adverse action to prevent exercise of future workplace rights); Genuine Redundancy [2025] HCA (employer must proactively assess redeployment options).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Unfair Dismissal (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the minimum employment period, award coverage, and calculate the strict 21-day filing window.
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Draft the unfair dismissal application, outline the harshness criteria, and file with the FWC.
Review the employer's Form F3 response and analyse any jurisdictional objections.
Represent the applicant at the conciliation conference and attempt to negotiate a settlement.
Compile evidentiary bundles and represent the applicant at the FWC trial.