Evidence worth gathering before you apply
What the Commission's own sourced factors point to gathering: dates, the stated reason, your response, and anything showing how the process actually ran.
This site has not sourced a checklist published by the Fair Work Commission specifically titled evidence for an unfair dismissal application. What follows is drawn directly from the factors the Commission's own guidance says it weighs, covered in more detail on their own guides, rather than from any separate evidence-specific source.
What the sourced factors point to
- The date the dismissal took effect, since the 21-day deadline and the minimum employment period both run from it.
- How and when you were told the reason for the dismissal, since notification before the decision to terminate is one of the factors weighed.
- Whether, and how, you were given a chance to respond to that reason before the decision was made.
- Any request for a support person and how the employer responded to it.
- Any prior warnings, if the dismissal relates to performance, and what they actually said.
- Your pay and hours in the period before the dismissal, relevant to both eligibility and, if you succeed, the compensation formula.
- Any steps you took afterward to find other work or otherwise reduce your loss, relevant to the mitigation factor in the compensation formula.
None of this is a guarantee about what a specific case needs; it is a direct read-through of what the Commission's own published factors ask about, organised for someone deciding what to keep and note down inside the 21-day window.
Where this came from
- Fair Work Commission: Valid reason relating to capacity or conduct.
- Fair Work Commission: The formula to calculate compensation.