An unfair dismissal application must be made within 21 days after the dismissal took effect. The effective dismissal date is excluded, so the following day is day one.
Count 21 calendar days. Weekends and public holidays within the period remain in the count. If day 21 is a Saturday, Sunday or relevant public holiday, the deadline moves to the next business day.
Establish the effective dismissal date first
The Fair Work Commission says the dismissal usually takes effect when the employment contract ends. That date may be later than the employee's last day at work. If the employee works through a notice period, the dismissal generally takes effect at the end of that period. If notice is paid instead of worked, it usually takes effect immediately unless the employer specifies another date.
Communication also matters. The Commission's published case guidance says a dismissal cannot take effect before the employee knows about it or has had a reasonable opportunity to become aware of it.
A date counter cannot resolve a disputed termination date, a claimed constructive dismissal or uncertainty about whether employment continued.
Count 21 calendar days from the next day
Once the effective date is established:
- exclude that date;
- count the following day as day one;
- include every intervening weekend and public holiday; and
- after identifying day 21, check whether the final-day rule moves it.
This is not a 21-working-day period. A non-working day within days 1 to 20 does not extend the count.
Example: day 21 is an additional Anzac holiday
Assume the dismissal took effect on Monday 6 April 2026, which is Easter Monday. A public holiday can still be the date a contract ends, and it makes no difference to this count: the 21 days are calendar days, so only the final day is tested against the holiday calendar. The dismissal date is excluded, so the count starts on Tuesday 7 April.
| Point in the count | Date | Treatment |
|---|---|---|
| Dismissal takes effect | Mon 6 Apr | Not counted |
| Day 1 | Tue 7 Apr | First calendar day |
| Days 2–20 | Wed 8–Sun 26 Apr | Weekends and holidays still count |
| Day 21 | Mon 27 Apr | Nominal final day |
In 2026, Monday 27 April is an additional Anzac Day public holiday in New South Wales, Western Australia and the Australian Capital Territory. If the relevant place is in one of those jurisdictions, the final-day rule moves the filing date to Tuesday 28 April.
Victoria, Queensland, South Australia, Tasmania and the Northern Territory do not observe an additional public holiday on Monday 27 April. In those jurisdictions, the nominal day 21 remains the filing date.
The calculation therefore has two parts. The 21-calendar-day count first ends on Monday 27 April 2026 in every jurisdiction. The holiday calendar then determines whether that final day moves.
Open the 21-calendar-day count in the calculator.
The relevant public holiday depends on the place
The final-day provision refers to a public or bank holiday in the place where the application is to be or may be made. The Commission's published NSW example considered the locations of the parties, the representative and the registry. Where a matter has connections with more than one jurisdiction, do not select a holiday calendar from the employee's address alone.
An administrative closure is different. The Commission's 2025–26 holiday notice says the statutory deadline continues while its offices and counters are closed, and applications can be lodged online or by email. A closure within the 21 days does not pause the count.
Late applications use the exceptional-circumstances test
Section 394 allows the Commission to give a further period only if it is satisfied there are exceptional circumstances. The Act requires it to consider:
- the reason for the delay;
- whether the person first became aware of the dismissal after it took effect;
- any action taken to dispute the dismissal;
- prejudice to the employer, including prejudice caused by the delay;
- the merits of the application; and
- fairness between the person and others in a similar position.
The Commission considers those factors against the evidence in the case. An internal review, negotiation or other attempt to dispute the dismissal does not stop the 21-day period by itself.
Lodging the application
The Commission uses Form F2 for an unfair dismissal application. Its current forms page explains the available lodgment methods. An application fee applies, and a person who would suffer serious financial hardship can apply for a fee waiver using Form F80.
The application process also asks about matters that are separate from the date count, including coverage by the national workplace relations system, the minimum employment period and whether the employer was a small business. Calculating a date does not establish eligibility or the merits of an application.
Use the calculator for the nominal day 21
In Default Mode, select Deadline and turn on Calendar days. Enter the effective dismissal date as the Start date, enter 21 days, leave Include start date off and keep Include deadline date on.
The result is the nominal day 21. Check whether that date is a Saturday, Sunday or relevant public holiday and, if so, apply the Commission's final-day rule. The calculator can identify a scheduled holiday in the selected jurisdiction. It cannot establish the effective dismissal date, eligibility for an unfair dismissal remedy, the validity of the application or whether exceptional circumstances justify more time.
Sources and verification
Sources checked on 4 August 2026:
- Federal Register of Legislation: Fair Work Act 2009, section 394 — the 21-day period and the six exceptional-circumstances factors.
- Fair Work Commission: Timeframe for lodgment — exclusion of the dismissal date, calendar-day counting and the weekend or public-holiday final-day rule.
- Fair Work Commission: When does a dismissal take effect? — the effect of communication and awareness on the dismissal date.
- Fair Work Commission: Unfair dismissal eligibility and application — effective-date guidance, eligibility checks and the exceptional-circumstances overview.
- Fair Work Commission: Extension of time for lodging an application — how the statutory factors are considered.
- Fair Work Commission: Forms — Form F2 and current lodgment methods.
- Fair Work Commission: Fees and costs — the application fee and serious-hardship waiver process.
- Fair Work Commission: Holiday period closures for 2025–26 — continued operation of the 21-day limit and electronic lodgment during closures.
Forms, fees, office hours and electronic services can change even when the statutory counting rule remains the same. Check the Commission's current lodgment pages before filing.
