TOP 10LAWYERS

Top 10 Employment Lawyers in Melbourne

Ten Melbourne employment law firms, with which side each one acts for, who the accredited specialists are, and the rules on dismissal, discrimination and pay that apply in Victoria.

Google ratings checked 23 October 2026 Updated 23 October 2026

No firm pays for its place on this list. How we compile this list

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common employment law matters.

The Top 10 Employment Lawyers in Melbourne

Ten employment law firms in Melbourne, with their experience, accredited specialists, Google ratings and what each one suits.

Maurice Blackburn

La Trobe Street, Melbourne CBDPlaintiff and employee side firm (employment, injury, class actions)

4.6

497 Google reviews

Checked 18 October 2026

Best for Employees and executives with serious dismissal, harassment or discrimination claims

  • The firm says it acts for employees, and its employment team does not take on employers.
  • Principal Lawyer Daniel Victory has been with the firm since 2006 and is listed by Doyle's Guide as a preeminent employment lawyer for 2026, according to his profile.
  • Doyle's Guide named it a first tier leading employment law firm in 2025, according to the firm.
First consultation
One hour fixed fee consultation for employment matters, including a separate fixed fee review of a new employment contract.
Office
Level 21, 380 La Trobe Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Maurice Blackburn's employment and industrial team acts only for workers, executives and unions, and calls itself Australia's leading employment practice for employees. The Melbourne team includes Principal Lawyer Daniel Victory, who joined in 2006, and Special Counsel Jessica Dawson-Field. Its caseload runs from unfair dismissal and general protections to sexual harassment and discrimination, and it has run large test cases such as the TWU claim against Qantas. Employment matters start with a one hour fixed fee consultation. It suits employees with serious claims who want a large firm behind them.

Founded in 1919

Also worth knowing

  • Its team acted for the Transport Workers Union in the Qantas outsourcing case.

Lawyers

The site doesn't show an accredited workplace relations specialist in the Melbourne team.

  • Daniel Victory, Principal Lawyer, Employment and Industrial Law
  • Jessica Dawson-Field, Special Counsel, Employment
  • Kate McCutcheon, Associate, Employment and Industrial
  • Paul Sutton, Associate, Employment and Industrial
  • Madeleine Castles, Lawyer, Employment and Industrial

Areas of employment law handled

  • Unfair dismissal
  • General protections claims
  • Sexual harassment
  • Workplace discrimination
  • Workplace bullying
  • Redundancy
  • Employment contract review
  • Executive employment and restraints of trade
  • Workplace investigations
  • Whistleblower protection
  • Unpaid superannuation

Office

Level 21, 380 La Trobe Street, Melbourne VIC 3000

Other details

Other offices
Suburban Victorian offices including Ringwood, Sunshine, Dandenong and Frankston, plus offices in every state

Sources

Back to the list

Kelly Workplace Lawyers

Trades Hall, Victoria Street, Carlton, plus Sydney and BrisbaneEmployment law only

5.0

135 Google reviews

Checked 18 October 2026

Best for Employees facing dismissal, underpayment or harassment who want a specialist boutique

  • Principal Joseph Kelly is an accredited specialist in workplace relations through the Law Institute of Victoria, according to the firm.
  • The firm says it has practised employment law since 2011.
  • It shows Doyle's Guide recognition for each year from 2017 to 2026.

Accredited workplace relations law specialist (1)Joseph Kelly

First consultation
Initial consultation in person, by phone or by video, covering the facts, a case evaluation and a strategy. The firm says its costs are clear with no surprises.
Office
Trades Hall Building, 54 Victoria Street, Carlton VIC 3053
Full profile: lawyers, services and sources

About the firm

Kelly Workplace Lawyers is an employment boutique run from the Trades Hall building in Carlton, with offices in Sydney and Brisbane as well. Principal Joseph Kelly is an LIV accredited specialist in workplace relations, according to the firm, and Partner Gregory Romeo is also ranked by Doyle's Guide, the firm says. Its work leans towards employees, though its FAQ says it acts for employers too. First consultations can be in person, by phone or by video, and the firm says urgent dismissal matters are usually seen within a day or two. It suits workers who want a specialist small firm.

Practising since 2011

Also worth knowing

  • The firm's site shows a 5.0 Google rating from 136 reviews.

Lawyers

The site doesn't say which office each lawyer works from.

  • Joseph Kelly, Principal Accredited workplace relations law specialist
  • Gregory Romeo, Partner
  • Teagan Connor, Solicitor
  • Rachel Faris-Cornwell, Consultant

Areas of employment law handled

  • Unfair dismissal
  • General protections claims
  • Unlawful termination
  • Harassment and discrimination
  • Workplace bullying
  • Redundancy
  • Award underpayments and NES entitlements
  • Employment contracts
  • Independent contractors
  • Disciplinary meetings
  • Enterprise agreements and bargaining
  • Workplace investigations

Office

Trades Hall Building, 54 Victoria Street, Carlton VIC 3053

Other details

Other offices
Surry Hills (Sydney) and Fortitude Valley (Brisbane)

Sources

Back to the list

Holding Redlich

Melbourne CBD, plus Sydney, Brisbane and CanberraFull service commercial firm

3.7

23 Google reviews

Checked 23 October 2026

Best for Senior employees and executives negotiating contracts or exits, and employers needing full service advice

  • Charles Power was accredited by the Law Institute of Victoria as a workplace relations specialist in 2006, according to his profile.
  • Evan Willis is also an LIV accredited specialist in workplace relations, with a focus on executive employees and registered organisations.
  • The firm runs a separate workplace relations practice for employees as well as its employer practice.

Accredited workplace relations law specialists (2)Charles Power, Evan Willis

First consultation
The site doesn't publish first consultation terms. Contact the lawyers directly.
Full profile: lawyers, services and sources

About the firm

Holding Redlich is a national commercial firm with a large workplace relations group in Melbourne. Unusually for a firm of its size, it runs a separate practice for employees and executives alongside its employer work. Managing Partner Charles Power and Partner Evan Willis are both LIV accredited workplace relations specialists, according to the firm. Willis focuses on executives and registered organisations, while the employer team handles bargaining, terminations and safety. The site doesn't publish consultation terms. It suits senior employees and executives negotiating an exit, and employers wanting a full service firm.

Also worth knowing

  • Its Melbourne workplace team lists three partners, a special counsel and three senior associates.

Lawyers

  • Charles Power, Managing Partner, Workplace Relations and Safety Accredited workplace relations law specialist
  • Evan Willis, Partner, Workplace Relations Accredited workplace relations law specialist
  • Ben Marshall, Partner
  • James Stedman, Special Counsel
  • David Shaw, Consultant
  • Sam Hayward, Senior Associate
  • Stephanie Patterson, Senior Associate
  • Alexandria Anthony, Senior Associate

Areas of employment law handled

  • Executive employment contracts
  • Exit negotiations and termination entitlements
  • Restraints of trade and confidentiality
  • Unfair dismissal
  • Discrimination and general protections
  • Disciplinary and performance disputes
  • Enterprise bargaining
  • Workplace investigations
  • Work health and safety
  • Industrial relations

Other details

Other offices
Sydney, Brisbane and Canberra

Sources

Back to the list

Jewell Hancock Employment Lawyers

Wellington Parade, East Melbourne, plus BrisbaneEmployment law only (employees only)

4.9

409 Google reviews

Checked 18 October 2026

Best for Employees who want a firm that never acts for employers

  • The firm says it acts exclusively for employees and does not take referrals from unions.
  • Principals Andrew Jewell and Trent Hancock founded the firm after working together at a Melbourne employment boutique.
  • The firm says it charges fixed fees and may offer no win, no fee for dismissal claims.
First consultation
No obligation confidential discussion with a lawyer, booked online or by phone. Fixed fee basis, with costs explained from the first appointment. The firm says dismissal claims may be run on a no win, no fee basis, excluding disbursements.
Office
Level 3, 126 Wellington Parade, East Melbourne VIC 3002
Full profile: lawyers, services and sources

About the firm

Jewell Hancock acts only for employees, and says it takes no employer work and no union referrals. Principals Andrew Jewell and Trent Hancock set it up after working together at another Melbourne employment boutique, and the team now has more than ten lawyers. It handles dismissal, general protections, bullying, discrimination and underpayment claims. The firm works on fixed fees, may run dismissal claims on a no win, no fee basis, and starts with a no obligation confidential discussion. It suits employees who want a firm with no employer conflicts.

Also worth knowing

  • Its team page lists 12 lawyers, including three principals and two senior associates.

Lawyers

The site doesn't say which lawyers work from Melbourne and which from Brisbane.

  • Andrew Jewell, Principal
  • Trent Hancock, Principal
  • Sam Nottle, Principal Lawyer
  • Michael Kriewaldt, Senior Associate
  • Jason Xue, Senior Associate
  • Chelsea Wood, Associate
  • Clare Shears, Associate
  • Lauren Kavanagh, Lawyer
  • Matea Hrkac, Lawyer
  • Bec Muller, Lawyer
  • Oliver Scholast, Lawyer
  • Kate O'Brien, Lawyer

Areas of employment law handled

  • Unfair dismissal
  • General protections claims
  • Workplace bullying
  • Workplace discrimination
  • Redundancy advice
  • Underpayment claims
  • Sham contracting
  • Employment contract advice
  • Executive employment

Office

Level 3, 126 Wellington Parade, East Melbourne VIC 3002

Other details

Other offices
Spring Hill, Brisbane

Sources

Back to the list

McDonald Murholme

William Street, Melbourne CBDEmployment law firm (mainly employees)

4.2

161 Google reviews

Checked 18 October 2026

Best for Executives and professionals facing redundancy or a negotiated exit

  • The firm was established in 1996 and founder Alan McDonald still leads it.
  • The firm says it has about 30 staff, including many lawyers and research assistants.
  • Its clients include employees of banks, super funds and listed companies, according to the firm.
First consultation
Enquiries by phone or online form, with a callback. The site doesn't publish first consultation terms. The firm says clients are usually reimbursed for costs as part of a settlement.
Office
Level 6, 45 William St, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

McDonald Murholme is a CBD employment firm founded in 1996 by Alan McDonald, who still leads it as Director. It mainly acts for employees, from casual staff to bank and corporate executives, though it also advises employers on Fair Work compliance. The firm says it has about 30 staff, including a dedicated new enquiries officer. Its work covers redundancy, dismissal, general protections, bullying, discrimination and underpayment. The site doesn't publish consultation terms, but says costs are usually recovered as part of a settlement. It suits executives and professionals negotiating an exit.

Founded in 1996

Also worth knowing

  • It also advises employers on complying with the Fair Work Act.

Lawyers

The site doesn't list its other lawyers.

  • Alan McDonald, Founder and Director

Areas of employment law handled

  • Redundancy
  • Unfair dismissal
  • General protections and adverse action
  • Workplace bullying and harassment
  • Workplace discrimination
  • Underpayment and sham contracts
  • Restraint of trade
  • Deeds of release
  • Executive employment
  • Unfair performance management and warnings
  • Whistleblower protection
  • Employer Fair Work compliance

Office

Level 6, 45 William St, Melbourne VIC 3000

Sources

Back to the list

Harmers Workplace Lawyers

William Street, Melbourne CBD, plus Sydney and BrisbaneWorkplace law only

5.0

2 Google reviews

Checked 18 October 2026

Best for Businesses and senior executives wanting a workplace only firm

  • The firm was formed in 1996, when it was known as Michael Harmer and Associates.
  • It says it acts for employers, employees and their representative organisations.
  • It was named Employment Law Specialist Firm of the Year at the 2023 Australasian Law Awards, according to the firm.
First consultation
The site doesn't publish first consultation terms. Contact the Melbourne office.
Office
Level 40, 140 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Harmers is a national workplace law firm founded in 1996 as Michael Harmer and Associates, with Michael Harmer still its Chairman. It mostly advises corporate employers and employer associations, but it says it also acts for employees and senior executives. Its work covers employment and industrial law, safety, discrimination, investigations and training, with a focus on preventing disputes. The firm has won employment law awards, including specialist firm of the year at the 2023 Australasian Law Awards. The site doesn't publish consultation terms. It suits businesses and senior executives.

Founded in 1996

Also worth knowing

  • It practises only workplace law, from industrial relations to safety and investigations.

Lawyers

The site doesn't say which lawyers work from the Melbourne office.

  • Michael Harmer, Chairman and Firm Founder

Areas of employment law handled

  • Employment law advice
  • Industrial relations and enterprise bargaining
  • Unfair dismissal and general protections claims
  • Discrimination and human rights
  • Workplace investigations
  • Work health and safety
  • Change management and restructures
  • Legal risk management
  • Workplace training
  • Sports sector employment law

Office

Level 40, 140 William Street, Melbourne VIC 3000

Other details

Other offices
Sydney (head office) and Brisbane

Sources

Back to the list

Hall Payne Lawyers

Little Lonsdale Street, Melbourne CBDWorker and union side firm (employment, injury, other areas)

4.4

7 Google reviews

Checked 18 October 2026

Best for Union members and workers, including migrant workers, with pay or dismissal disputes

  • Melbourne Principal Solicitor Elyane Palmer has 20 years of industrial and employment law experience, according to the firm.
  • The firm says it has worked with unions and worker organisations for more than three decades.
  • Solicitor Sebastian Gutierrez-Hood focuses on workers' rights in migrant communities.
First consultation
The site doesn't publish first consultation terms. Enquiries by phone or online form are handled by a lawyer.
Office
Level 1, Suite 1, 533 Little Lonsdale Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Hall Payne is a Queensland founded firm that has acted for workers and unions for more than three decades, and now runs a small Melbourne office. Principal Solicitor Elyane Palmer brings 20 years in industrial and employment law, working with Senior Associate Jacob Debets and solicitor Sebastian Gutierrez-Hood, who focuses on migrant workers. The team covers dismissal, bullying, discrimination, underpayment and enterprise bargaining, and also acts for small businesses and not for profits. The site doesn't publish consultation terms. It suits union members and workers, including migrant workers.

Also worth knowing

  • It also acts for small businesses and not for profits on contracts and investigations.

Lawyers

  • Elyane Palmer, Principal Solicitor
  • Jacob Debets, Senior Associate
  • Sebastian Gutierrez-Hood, Solicitor

Areas of employment law handled

  • Unfair dismissal
  • General protections claims
  • Discrimination and sexual harassment
  • Workplace bullying and stop bullying orders
  • Underpayment and unpaid super
  • Redundancy
  • Executive terminations
  • Restraint of trade
  • Enterprise bargaining and award rights
  • Whistleblower protection
  • Workplace mediation
  • Professional conduct and discipline

Office

Level 1, Suite 1, 533 Little Lonsdale Street, Melbourne VIC 3000

Other details

Other offices
Offices in Queensland, New South Wales, Tasmania and the Northern Territory

Sources

Back to the list

Rigby Cooke Lawyers

Elizabeth Street, Melbourne CBDCommercial firm (employer side workplace relations)

3.0

14 Google reviews

Checked 23 October 2026

Best for Victorian employers defending dismissal claims or managing restructures

  • The firm says it acts for employers, including in unfair dismissal and adverse action claims.
  • Team lead Victoria Comino has more than 20 years of workplace relations experience, according to her profile.
  • Sam Eichenbaum is an accredited specialist in workplace relations, according to the firm.

Accredited workplace relations law specialist (1)Sam Eichenbaum

First consultation
The site doesn't publish first consultation terms. Contact the workplace relations team.
Office
Level 11, 360 Elizabeth Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Rigby Cooke is a Melbourne commercial firm whose workplace relations group acts for employers. Partner Victoria Comino leads the team, bringing more than 20 years in workplace relations, and she focuses on employers facing unfair dismissal and adverse action claims. Senior Consultant Sam Eichenbaum is an accredited specialist in workplace relations, according to the firm. The group handles contracts, terminations, restructures, bargaining, harassment investigations and safety. Doyle's Guide lists it among leading employer side employment firms in Victoria, the firm says. The site doesn't publish consultation terms. It suits Victorian businesses.

Also worth knowing

  • Doyle's Guide lists it as a leading employment law firm for employer representation in Victoria.

Lawyers

  • Victoria Comino, Partner, Lead Partner Workplace Relations
  • David McLaughlin, Partner
  • Sam Eichenbaum, Senior Consultant Accredited workplace relations law specialist
  • Maddy Lodge, Associate
  • Andrew Gale, Lawyer

Areas of employment law handled

  • Defending unfair dismissal claims
  • Adverse action and general protections claims
  • Employment contracts and policies
  • Terminations and restructures
  • Enterprise bargaining
  • Industrial disputes and union negotiations
  • Discrimination, harassment and bullying investigations
  • Work health and safety
  • Workplace training

Office

Level 11, 360 Elizabeth Street, Melbourne VIC 3000

Sources

Back to the list

Moores

Burwood Road, HawthornFull service firm (organisational and private clients)

3.6

31 Google reviews

Checked 23 October 2026

Best for Schools, charities and not for profit employers

  • Practice Leader Skye Rose was awarded an Order of Australia Medal for her contribution to the law in 2023, according to her profile.
  • She was the Law Institute of Victoria's Government Lawyer of the Year in 2015.
  • The firm says its fees aren't based on time.
First consultation
The firm says its fees aren't time based, and quick, simple questions are answered at no cost.
Office
Level 1, 5 Burwood Road, Hawthorn VIC 3122
Full profile: lawyers, services and sources

About the firm

Moores is a Hawthorn firm whose workplace relations team advises organisations, with a strong client base in schools, faith based groups and not for profits. Practice Leader Skye Rose heads the workplace, discrimination and child safety teams, and was awarded an Order of Australia Medal for her contribution to the law in 2023. The team handles disputes, bargaining, investigations, restructures and restraints. The firm says it doesn't charge on time, and offers quick, simple answers at no cost. It suits schools, charities and other organisations rather than individual employees.

Also worth knowing

  • Its workplace team lists five lawyers, including a special counsel.

Lawyers

  • Skye Rose, Practice Leader, Workplace Relations
  • Alexandra Gronow, Special Counsel
  • Tim Cleaver, Associate
  • Grace Coffey, Associate
  • Dao Nguyen, Lawyer

Areas of employment law handled

  • Unfair dismissal and adverse action disputes
  • Employment and contractor agreements
  • Enterprise bargaining
  • Harassment, bullying and discrimination
  • Workplace investigations
  • Managing ill or injured workers
  • Policies and restraints of trade
  • Restructuring
  • Workplace training
  • Work health and safety

Office

Level 1, 5 Burwood Road, Hawthorn VIC 3122

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Melbourne employment lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Melbourne office whose own websites show real employment and workplace relations work. For each firm we read its website in October 2026 and wrote the description ourselves. Some firms act only for employees, some mainly for employers and some for both, and we say which in each write-up. We only call someone an accredited specialist where the firm's site says so, and we name the Law Institute of Victoria only where the firm does. Free consultations and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

No firm pays for its place on this list, and the order is our own. We write the descriptions ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules, time limits and fees are as published by the Fair Work Commission, the Fair Work Ombudsman, the Australian Human Rights Commission, the Victorian Equal Opportunity and Human Rights Commission, VCAT, Victoria Legal Aid, the Victorian Government and JobWatch in October 2026. Fees, thresholds and the minimum wage are as at 1 July 2026.

Who covers your job: the national Fair Work system

Victoria referred its powers to make workplace laws to the Commonwealth. That's why the national Fair Work system covers most Melbourne workers, including staff of sole traders, partnerships and other unincorporated businesses, and most of the Victorian state government. The Fair Work Commission hears dismissal, bullying and other workplace disputes, and the Fair Work Ombudsman deals with pay and entitlements.

The National Employment Standards apply to every national system employee, whatever their award, agreement or contract says. They include a maximum 38 hour week plus reasonable additional hours, flexible work requests, parental leave, annual, sick, carer's and compassionate leave, 10 days of paid family and domestic violence leave a year, public holidays, notice of termination and redundancy pay, superannuation, a pathway for casuals to become permanent, and the right to receive the Fair Work Information Statement. Casuals only get some of these.

Continuous service with the employerMinimum notice of termination
1 year or less1 week
Over 1 year and up to 3 years2 weeks
Over 3 years and up to 5 years3 weeks
Over 5 years4 weeks

Add one week if you are over 45 and have at least 2 years of service. Redundancy pay under the standards goes up to 16 weeks' pay, for employees with at least 1 year of service, and some small businesses don't have to pay it.

  • Minimum wage from 1 July 2026: $1,004.90 a week, or $26.44 an hour, from the first full pay period starting on or after 1 July. Casuals on the minimum wage get at least $33.05 an hour, including the 25% casual loading
  • Long service leave: Victoria has its own Long Service Leave Act 2018. It is administered by Workforce Inspectorate Victoria, called Wage Inspectorate Victoria until 12 December 2025, which also looks after the state's child employment laws

Dismissed? Unfair dismissal, general protections and the 21 day limit

The deadline is the first thing to deal with. The Fair Work Commission must receive your application within 21 days after the dismissal took effect, and it can only extend that in exceptional circumstances, such as serious illness. Not knowing about the deadline isn't accepted, and the Commission says late applications are generally not accepted.

  • When the clock starts: the day after the dismissal takes effect, which is usually the last day of your employment contract. That can be later than your last day at work
  • Counting: weekends and public holidays count. If day 21 is a weekend or public holiday, the deadline moves to the next business day. A dismissal taking effect on 30 June has a deadline of 21 July
  • Receipt, not posting: the Commission must receive the application by 11:59pm on the deadline. Postal delays aren't an excuse
  • Fee: $92.70 from 1 July 2026, for unfair dismissal, general protections, unlawful termination and stop bullying applications. You can apply for a waiver if paying would cause serious financial hardship
ClaimWho it's for
Unfair dismissalEmployees whose dismissal was harsh, unjust or unreasonable, wasn't a genuine redundancy and, for a small business, didn't follow the Small Business Fair Dismissal Code. All of these must apply. You need 6 months with the employer, or 12 months with a small business of fewer than 15 employees, and you must be covered by an award or enterprise agreement or earn less than the high income threshold, which is $190,100 from 1 July 2026
General protections dismissalEmployees dismissed for a prohibited reason, such as race, sex, age, pregnancy, disability, family or carer's responsibilities or experiencing family and domestic violence, or because they have a workplace right
Unlawful terminationPeople who can't use general protections, usually because they aren't national system employees

You can only make one type of dismissal application, so get advice on which fits before you lodge. The Fair Work Ombudsman doesn't investigate unfair dismissal; the Commission decides it.

  • Remedies: the main remedy is reinstatement, meaning getting your job back. The Commission must consider that first, and only orders compensation if reinstatement isn't appropriate, for example because the working relationship has broken down. Compensation is capped at the lesser of 6 months' pay or $95,050 (half the high income threshold) from 1 July 2026. It covers lost income only, not shock, distress or humiliation
  • If a general protections dismissal claim doesn't settle: the Commission issues a certificate. You then have 14 days from the date on the certificate either to apply to a federal court or, if both sides agree, to ask the Commission to arbitrate. If you agree to arbitration, you can't go to court

Small businesses. An employer with fewer than 15 employees can rely on the Small Business Fair Dismissal Code. Under it, dismissing someone on the spot is fair if the employer believes on reasonable grounds that the conduct, such as theft, fraud, violence or a serious safety breach, justifies it. For other dismissals the employer needs a valid reason based on conduct or capacity, a warning and a reasonable chance to improve. The employee can have a support person in those discussions, but not a lawyer acting as one, and the employer must be able to show evidence that it followed the Code.

Bullying, sexual harassment and discrimination

Bullying. Bullying at work is repeated unreasonable behaviour towards a worker that creates a risk to health and safety. Reasonable management action carried out in a reasonable way isn't bullying. The Fair Work Commission can order the bullying to stop, but only where there's a risk it will continue, and it can't order compensation. It aims to contact the parties within 2 weeks and resolve most cases within 16 weeks.

Sexual harassment. The law changed on 6 March 2023. You can apply to the Commission if you were sexually harassed in connection with work in the last 2 years, for an order to stop it, for help resolving the dispute, or both. You can apply against the people involved or your employer, and a union can apply for you. If a dispute isn't resolved, the Commission issues a certificate. You can then go to court within a short time limit, or have the Commission arbitrate if both sides agree.

Discrimination. Federal and Victorian laws both apply. Under Victoria's Equal Opportunity Act 2010, protected attributes include age, disability, gender identity, industrial activity, parent and carer status, physical features, political belief, pregnancy and breastfeeding, race, religious belief, sex, sexual orientation and a spent conviction. Employers have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible. A federal positive duty under the Sex Discrimination Act has applied since December 2022.

Where to goCostTime limitWhat happens
Australian Human Rights CommissionFree, no lawyer neededGenerally within 24 monthsWritten complaint, investigation and conciliation. If it's ended, you have 60 days to apply to the Federal Court or the Federal Circuit and Family Court
Victorian Equal Opportunity and Human Rights CommissionFreeGet advice earlyConciliation. Going here first is optional
VCATNo application or hearing feesNo set timeframe, but Victoria Legal Aid says a claim may be dismissed if it's lodged more than 12 months after the discriminationA hearing. You don't need a lawyer, and usually need VCAT's permission to have one

Victoria Legal Aid warns that if you complain to one place, you sometimes can't later complain somewhere else. Get advice before you choose.

Underpaid? Wages, wage theft and small claims

Start with the Fair Work Ombudsman on 13 13 94. If that doesn't fix it, the Federal Circuit and Family Court's Fair Work small claims process covers unpaid wages and entitlements up to $100,000 plus interest, under the Fair Work Act, a modern award or an enterprise agreement.

  • Time limit: the claim can't cover a period more than 6 years before you start it
  • Lawyers: you can't have a lawyer represent you at a small claims hearing unless the court allows it. You can claim back the filing fee and interest, but legal fees only in limited cases
  • Less formal: the court isn't bound by the rules of evidence at final hearings, and matters are usually run online

Wage theft is a federal crime. Since 1 January 2025, intentionally underpaying an employee's wages or entitlements can be a criminal offence, including conduct that began earlier and continues. Honest mistakes aren't covered. Individuals face up to 10 years in prison. The Fair Work Ombudsman investigates and refers cases to the Commonwealth Director of Public Prosecutions or the Australian Federal Police, who bring the charges. A small business with fewer than 15 employees that follows the Voluntary Small Business Wage Compliance Code can't be referred for prosecution over that underpayment.

Victoria's own wage theft offences were repealed from 12 December 2025, after the federal offences started, and the state regulator was renamed Workforce Inspectorate Victoria on the same day.

New and proposed rules: disconnecting, casuals, NDAs, working from home and non competes

  • Right to disconnect: since 26 August 2024, and since 26 August 2025 for small businesses with fewer than 15 employees, you can refuse to monitor, read or respond to contact outside working hours unless refusing is unreasonable. That depends on things like the reason for the contact, whether you're paid to be available, your role and your caring responsibilities. Disputes can go to the Fair Work Commission
  • Casual workers: since 26 August 2024, you're only a casual if there's no firm advance commitment to ongoing work and you get a casual loading or casual rate. After 6 months, or 12 months with a small business, a casual who thinks they no longer fit the definition can notify the employer in writing. The employer must reply in writing within 21 days and can only decline on listed grounds
  • NDAs in Victoria from 1 July 2026: under the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025, the Victorian Government and the Victorian Legal Services Board and Commissioner say a non disclosure agreement about workplace sexual harassment can only be enforced against the worker who complained if they asked for it and it was their choice, they weren't pressured, they got the information statement and a 21 day review period (which they can shorten or waive), and every party signed the approved form confirming this. Even then, the worker can still talk to their lawyer, doctor, police, family or friends giving support, and bodies such as the human rights commissions, and can end the NDA on or after its first anniversary with 7 days' written notice. The amount of any compensation, and the name of a harasser who was under 18, can still be kept confidential. The Act doesn't apply to NDAs made before 1 July 2026. Get advice before signing or offering one
  • Working from home is not yet law: the Equal Opportunity Amendment (Work from Home) Bill 2026 would create a right to work from home 2 days a week where the job can reasonably be done from home. It passed the Legislative Assembly on 30 July 2026, but on 10 September 2026 the Legislative Council referred it to a select committee and put off the vote until the committee reports. It hadn't passed when we checked in October 2026
  • Non compete ban is a draft only: the Fair Work Act sets no rules for non compete clauses now. On 7 September 2026 the federal government released a draft Bill to ban them for workers earning under $190,100 a year, the high income threshold, with consultation closing on 2 October 2026. The draft gives no start date, though in March 2025 the government said the ban would start from 2027 and apply to future arrangements. It isn't law yet

What a Melbourne employment lawyer costs, and free help

If your legal costs are likely to be more than $750, your lawyer must tell you in writing how they'll charge and give an estimate. This doesn't apply to commercial or government clients. You can negotiate the costs agreement and ask for an itemised bill.

  • No win, no fee: the agreement must be in writing and say what counts as a win. Any uplift fee is capped at 25% of legal costs, and there's a cooling off period of at least five business days
  • Disputing a bill: contact the Victorian Legal Services Board and Commissioner within 30 days for an itemised bill, or 60 days for a lump sum bill, from when it's payable
  • Accredited specialists: the Law Institute of Victoria accredits specialists in Workplace Relations Law, who use the letters AccS(WR). They need five years of full time equivalent practice and substantial work in the area in each of the three years before applying, and must keep that up. Its directory lists them
  • JobWatch: a free, confidential telephone information service for Victorian workers, on (03) 9662 1933 in Melbourne or 1800 331 617 from regional Victoria
  • Fair Work Infoline: 13 13 94, for pay, leave and entitlements
  • Victoria Legal Aid: doesn't give advice on general employment matters, but its Equality Law Program can help with discrimination, sexual harassment and victimisation at work. Legal Help is 1300 792 387, weekdays 8am to 6pm
  • Discrimination bodies: the Victorian Equal Opportunity and Human Rights Commission on 1300 292 153, and the Australian Human Rights Commission on 1300 656 419
  • Law Institute of Victoria: its Find Your Lawyer Referral Service can arrange a free first interview with a referred firm

Melbourne employment law: common questions

How long do I have to make an unfair dismissal claim?

21 days after the dismissal took effect, counting from the next day and including weekends. The same limit applies to general protections dismissal claims. The Fair Work Commission must receive your application by 11:59pm on the last day, and it only extends the time in exceptional circumstances.

Can I claim unfair dismissal if I earn over $190,100?

Yes, if you're covered by a modern award or an enterprise agreement. The high income threshold, $190,100 from 1 July 2026, only applies to people with no award or agreement. Earnings for the threshold don't include commissions, bonuses, non guaranteed overtime or compulsory super.

How much compensation can I get for unfair dismissal?

The main remedy is reinstatement. The Commission only orders compensation if getting your job back isn't appropriate. Compensation is capped at the lesser of 6 months' pay or $95,050 (half the high income threshold) for dismissals from 1 July 2026. The threshold changes each 1 July, so the cap does too. A bullying application is different: the Fair Work Commission can order the bullying to stop, but it can't award compensation.

Should I complain to the Australian Human Rights Commission, VEOHRC or VCAT?

It depends on the law you're relying on and what you want. Both commissions are free and use conciliation. Under Victoria's Equal Opportunity Act you can go straight to VCAT, which charges no fees for these disputes. Complaining in one place can sometimes stop you going to another, so get advice first.

Is it a crime for my employer to underpay me?

Since 1 January 2025, intentional underpayment can be a federal criminal offence, with up to 10 years in prison for individuals. Honest mistakes aren't covered. Victoria's own wage theft offences have been repealed. To recover the money, contact the Fair Work Ombudsman or make a small claim of up to $100,000.

Is my non compete clause still enforceable?

The proposed federal ban on non competes for workers earning under $190,100 is only a draft Bill, released for consultation in September 2026, and it has no start date yet. Until a law passes, the Fair Work Act doesn't regulate these clauses, so get legal advice on yours.

What is an accredited workplace relations specialist?

A lawyer accredited by the Law Institute of Victoria in Workplace Relations Law, after at least five years in practice and substantial work in the area. It isn't required to practise. On this list, Joseph Kelly at Kelly Workplace Lawyers and Charles Power and Evan Willis at Holding Redlich are LIV accredited, according to their firms. Nick White at Gordon Legal and Sam Eichenbaum at Rigby Cooke are accredited specialists in workplace relations, according to their firms.

General information only, not legal advice.

Related pages

Sources for the legal information on this page