I've lost my job and I'm not sure what I'm entitled to

Losing your job can happen for many reasons including being dismissed for underperformance or serious misconduct, because the job isn't needed anymore or the business has closed.

Learn about what you’re entitled to if you’ve lost your job.

On this page:

Find out why the job is ending

The first step is to understand your situation and check why your employment is ending. The business:

  • may no longer need your job – this is called redundancy
  • may have terminated your employment for another reason – this might be dismissal.

It’s important to talk to your employer and understand why your employment is ending. When you talk to your employer, you should also confirm your entitlements, such as notice of termination and final pay.

Know your entitlements

It’s important to make sure you’re getting all your entitlements. There are some things you need to know to determine what you’re entitled to.

Your award or agreement

Check if you're covered by an award using our Pay and Conditions Tool. You can also access your award at our List of awards page.

Check if you’re covered by a registered agreement by visiting the Fair Work Commission website.

Also check your employment contract, if you have one. You might be entitled to a longer notice period or more redundancy pay than your award or registered agreement says.

Your notice and final pay

Calculate any final pay, notice and redundancy pay under an award or the National Employment Standards (NES) in the Fair Work Act using our Pay and Conditions Tool.

Check Who doesn’t get notice to find out when a notice period doesn’t apply. You won’t be entitled to notice if your employer dismissed you for serious misconduct, or if you’re a casual employee. Also check Who doesn’t get redundancy pay. Not all employees are entitled to redundancy pay when their job is made redundant.

You can find more information on Dismissal.

Check if your employer has followed the rules

It’s important to check that your employer has followed the rules. There are specific things that need to be considered depending on the type of termination.

For more information, visit Ending employment.

There can also be specific rules in your award or registered agreement, employment contract, or any workplace policy. It is important to check them all.

Check that you’ve receive written notice

An employer must provide an employee with written notice of the day of termination when ending their employment.

For more information, visit Dismissal.

Check that the correct notice period has been provided

An employer must not dismiss an employee unless they have either:

  • given the minimum notice period
  • paid the employee instead of working the notice period. This is paid at the employee's full pay rate as if they had worked the minimum notice period, or
  • a combination of the two.

Learn more about what amount of notice must be given at Dismissal.

Issues with the termination

There are some situations where you might be unfairly dismissed or terminated because of a protected workplace right.

If you think you’ve been unfairly dismissed, visit Unfair dismissal.

If you think you’ve been terminated because of a protected workplace right, visit Protections at work.

Learn more at Help with termination.

Tip: The Fair Work Commission can help resolve issues with termination

Contact the Fair Work Commission (the Commission) first if you've lost your job and you think you were fired because of:

Employees need to apply to the Commission within 21 days of the dismissal taking effect. The 21-day period starts the day after the dismissal.

Resolving workplace problems

Most workplace problems can be solved between an employer and an employee, but this isn’t always possible.

Tip: Keep the information about your termination

Keep any letters, texts or emails your employer has sent you about your employment ending.

Get help from us

You can contact us for our help if:

  • your employer won’t follow the rules for ending employment or,
  • you can’t reach an agreement with your employer.

Other workplace relations help

You can get other workplace relations help if:

  • you have lost your job and your employer didn’t follow the right process – you may be able to apply to the Commission to help resolve the issue
  • your employment contract or a workplace policy has a longer notice period than your award or registered agreement – if it did and it was not followed, you may need legal advice
  • your employer dismissed you as an employee and rehired you as a contractor to do the same work – you can check with us if this is a sham contract.

The Department of Home Affairs can help if your employer threatens to cancel your visa. There are laws that strengthen reporting protections for eligible visa holders experiencing workplace exploitation. This allows workers to get help without fear of visa cancellation.

Learn about protections available for eligible visa holders at Visa protections – pilot programs.

Other common workplace problems

Tools and resources

Related information