When does my 21-day period start?

When does my 21-day period start?

If you wish to lodge an Unfair Dismissal or General Protections Involving Dismissal application with the Fair Work Commission, you have 21 days beginning from the date your dismissal takes effect.

Sometimes an employer will notify an employee of their dismissal and the dismissal will take effect on the same day (for example, in circumstances of serious misconduct). In this instance, the 21 days begins from that date.

If a notice period is provided, the 21-day period begins at the end of the notice period. However, if payment is provided in lieu of notice, then the 21-day period begins from the last day of official employment.

For example, if you are dismissed on the 1st effective immediately, the last day on which you may lodge an application with the Fair Work Commission would be the 22nd of the same month.

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