Unfair Dismissal Claims: The 21-Day Deadline That Catches Everyone Off Guard
By Working Day Calculator Team (Last updated: January 24, 2026)
Twenty-one days. Not 21 business days. Not three weeks. Exactly 21 calendar days.
Miss it by one day and your unfair dismissal application is likely out of time. The Fair Work Commission can extend the deadline only in exceptional circumstances, and those extensions are rare.
This article explains when the clock starts, how to count the 21 days, and what happens if you are late. If you need help with day counting, use the calculator and read the Employment info page. For practical scenarios, see the Employment use cases.
Why the 21-day deadline is strict
The rule is set by section 394 of the Fair Work Act 2009. Parliament made the deadline short to provide certainty for employers and employees. That means:
- The 21-day limit is jurisdictional.
- If you miss it, the Commission usually cannot hear your claim.
- Extensions are only granted for exceptional circumstances.
Most out-of-time applications fail, even when the delay is only a day or two.
When does the 21-day clock start?
Day 1 is the day after the dismissal takes effect.
That sounds simple, but there are common traps:
With notice
If you are told on Friday that your employment will end after a two-week notice period, the clock starts the day after the employment actually ends, not the day you were notified.
Summary dismissal
If you are dismissed immediately on Monday, Day 1 is Tuesday. The clock starts right away.
Payment in lieu of notice
If you are paid out and your employment ends immediately, Day 1 is the next day. Payment does not extend the deadline.
Constructive dismissal
If you resign under pressure, the effective dismissal date can be disputed. That is a legal issue and you should get advice immediately.
How to count the 21 days (calendar days)
This is the most common mistake. The 21 days include:
- Weekends
- Public holidays
- Any days the Commission is closed
Example (2026): Dismissal effective Monday 6 April 2026 (Easter Monday)
- Day 1: Tuesday 7 April
- Day 21: Monday 27 April
- In the ACT and WA, Monday 27 April is a substitute Anzac Day holiday (most other states do not substitute when Anzac Day falls on a Saturday)
- If the Commission registry is closed, the deadline may extend to the next open day
But do not rely on that extension. Lodging early is always safer.
The Christmas/New Year trap
Christmas is where people get caught. The Commission may be closed on public holidays and has reduced staffing, but the clock does not stop.
If you are dismissed in mid-December, your 21 days will run straight through Christmas and New Year. The online lodgement system is available 24/7, but many people delay and discover they have only a day or two left.
The safest approach is to treat the 21 days as a hard deadline and lodge well before the break.
What if Day 21 falls on a weekend or holiday?
If the final day falls on a Saturday, Sunday, or public holiday when the registry is closed, the deadline may move to the next day the registry is open.
However:
- The 21 days still include the weekend or holiday.
- The extension only applies to the final day.
- You can often lodge online even when the registry is closed.
Do not plan to rely on the extension. Lodge by Day 19 or 20.
Extensions: when they are granted (rarely)
The Commission applies an "exceptional circumstances" test. It considers:
- The reason for the delay
- Whether you were aware of the dismissal
- Action taken to dispute the dismissal
- Prejudice to the employer
- Fairness to others in similar situations
What usually fails:
- "I did not know the deadline"
- "I was negotiating a settlement"
- "I was too stressed to lodge"
What sometimes succeeds:
- Serious illness or hospitalisation with evidence
- Employer conduct that misled you
- Extraordinary events that prevented access (natural disaster)
Even then, success is not guaranteed.
A practical 21-day timeline
- Days 1-3: Confirm the effective dismissal date. Calculate Day 21. Gather documents.
- Days 4-7: Seek advice. Check eligibility (minimum employment period, small business exemption).
- Days 8-14: Draft and review your application (Form F2).
- Days 15-18: Final checks. Pay the filing fee or apply for a waiver.
- Days 19-21: Lodge early. Do not leave it to Day 21.
How to lodge
- Online lodgement via the Fair Work Commission website
- Form F2 (Unfair Dismissal Application)
- Filing fee applies, with a hardship waiver option
The online portal is available 24/7, which is important if the deadline lands during a holiday.
Conclusion
The 21-day deadline is strict, fast, and unforgiving. It catches people because they assume business days, wait for negotiations, or delay over Christmas.
Treat it as a hard deadline. Count calendar days from the day after the dismissal takes effect. Lodge early, and keep proof of lodgement.
For date counting help, use the calculator and the Employment info page. For guidance on real-world scenarios, see the Employment use cases.
FAQ
Q: Is it 21 business days? A: No. It is 21 calendar days, including weekends and public holidays.
Q: What if I lodge one day late? A: You must apply for an extension based on exceptional circumstances. Success is unlikely.
Q: Does the 21 days stop during Christmas? A: No. The clock keeps running even if the Commission registry is closed.
Q: Can I extend the deadline by negotiating with my employer? A: No. Negotiations do not pause the clock.
Sources to check
- Fair Work Act 2009, section 394
- Fair Work Commission guidance and practice notes
- Commission decisions on out-of-time applications
- Fair Work Ombudsman resources