I’ve been sacked. What should I do first?
Check the date, keep the important records and understand why acting promptly matters.
Read the guide ↓For employees · QueenslandWorkplace
Workplace
Insights.
Been sacked, put on a PIP or dealing with trouble at work? Find practical information to help you understand what is happening and decide what to do next, wherever you are in Queensland.
Understand what is happening.
Know what to ask.
Prepare for what comes next.
Know what to ask.
Prepare for what comes next.
Been sacked or lost your job?
Time limits can be short. Some Fair Work Commission dismissal applications must be received within 21 days after dismissal takes effect. Check the Commission’s deadlines and seek prompt assistance. Do not wait for a response from us.
Start hereJob loss · First steps At work · Performance Case insight · Performance Case insight · Queensland Workplace update · Superannuation
Practical guidance for employees.
Your circumstances matter. These guides offer a starting point and links to official information to help you consider your next step.
Put on a PIP at work?
A PIP is a performance improvement plan. Find out what to look for, what to ask and how to keep track of your progress.
Read the guide ↓How Do You Pass a Test When Nobody Tells You the Rules?
The McLean decision examines unclear performance targets and the importance of meaningful feedback.
Read the case insight ↗One Email, 850 Addresses and a Dismissal
A mineworker’s fundraiser raises questions about guidance, investigations and consistent treatment.
Read the case insight ↗Your Super Should Arrive More Often
What payday super means, what employees can check and where to go for help.
Read the update ↗01 / Job loss
I’ve been sacked. What should I do first?
A few practical steps can help you understand the situation and prepare for the choices ahead.
1. Work out when your employment ended
Keep the termination letter and record when the dismissal took effect. The end date can affect the time available to apply. If you are unsure, seek prompt help rather than assuming the date from your final payment.
2. Check the deadline and the process
For unfair dismissal and general protections dismissal applications to the Fair Work Commission, the Commission generally must receive the application within 21 days after dismissal takes effect. Eligibility and the applicable forum depend on your circumstances. Other claims and systems can have different rules and deadlines.
The Commission says that different dismissal options can affect one another. Get prompt advice about your options before deciding which application to make. An enquiry to VLA does not lodge an application or stop a deadline.
3. Keep the relevant records
Collect your employment agreement, payslips, dismissal letter, relevant messages, performance documents and a short chronology. Keep information you are entitled to retain, and take care with confidential material belonging to your employer.
4. Consider the support available
You may be able to seek help from a union, a community legal centre, a lawyer or a paid agent. VLA can discuss whether our service is suitable. We are not a law firm, and the scope of any representation depends on the applicable rules and any required permission.
Official information
Fair Work Commission: deadlines · Fair Work Commission: multiple actions · Check unfair dismissal eligibility
Fair Work Commission: deadlines · Fair Work Commission: multiple actions · Check unfair dismissal eligibility
02 / Performance
Put on a PIP at work?
A plan should give you a clear understanding of what needs to change and how progress will be assessed.
Being put on a performance improvement plan (PIP) can be unsettling. A plan may be used to address performance concerns, but its wording and the way it is carried out deserve careful attention.
Look for the detail
Can you identify the specific concerns, the examples supporting them and the standard you are expected to meet? If the plan says your work must reach an “acceptable standard”, ask what that means in practical terms and how it will be measured.
Check the timeframe and support
Look for review dates, the time allowed to improve and any training, resources or other support. Consider whether the expectations reflect your actual duties and whether circumstances affecting your work have been considered.
Ask questions and keep a record
Request clarification in writing where something is unclear. Keep copies of the plan, relevant feedback and agreed actions, and make your own notes of meetings. Check any applicable award, enterprise agreement, employment contract or workplace policy for relevant processes.
The Fair Work Ombudsman’s best-practice guidance recommends clear concerns, an opportunity to respond, appropriate support and a reasonable period to improve. That guidance describes good practice; the legal position in an individual case depends on the facts and applicable rules.
Official information
Fair Work Ombudsman: managing underperformance · Managing performance and warnings
Fair Work Ombudsman: managing underperformance · Managing performance and warnings
Need to talk it through?
We offer a free 10-minute video consultation to discuss your situation and whether VLA’s service may be suitable. Further work is charged by the hour and explained before engagement.