Introduction
An employee can withdraw (discontinue) an unfair dismissal application at any time. You need to notify us and the employer.
On this page:
Content
Overview
After you start a claim for unfair dismissal, you or your representative can stop the claim at any time.
This includes:
- before we hold a conciliation discussion between you and your employer
- after a conciliation with your employer
- during a conference or hearing before a Member of the Commission
- at any time after the hearing and before the Member issues a decision.
As soon as you tell us you want to withdraw your claim, it stops and we close your case. We do not publish a decision or order on our website if you stop (discontinue) your claim before a Member decides whether your dismissal was unfair.
Reasons you may want to stop your application
You may withdraw your application for different reasons, such as:
- you and the employer have settled the dispute
- you have changed your mind and no longer want to make a claim
- you want to submit a different claim, such as a general protections dismissal claim.
See section 588 of the Fair Work Act 2009.
Tell us you want to discontinue your application
When you decide to withdraw the application:
- Fill out and send us Form F50 – Notice of discontinuance or contact us by phone, email, letter, fax or in person to tell us you want to discontinue the case.
- Send a copy of this notice to the employer (respondent). If you do not, we will write to the employer to tell them that you have stopped your claim.
How this may affect a claim in future
If you still want to challenge your dismissal, you may be able to make a different application about the same dismissal. You can only do this:
- after you stop your existing application using Form F50
- before a Commission Member makes a decision about your unfair dismissal case
- within 21 days of the date the dismissal took effect.
This new application could be:
- an unfair dismissal application that is different from the one you stopped
- an application for general protections dismissal (if you are eligible)
- an application for help with unlawful termination (if you are eligible).
When you submit a new application, you must pay the fee or apply for a fee waiver.
If you apply after the 21-day deadline, a Commission member may need to decide whether to give you more time to apply.