If you've been dismissed, underpaid or treated unfairly at work, the deadlines are some of the shortest in Australian law. Here's how employment law works, and the employment lawyers we list in each city.
Employment lawyers by city
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How employment law works
Most workplace rights in Australia come from the federal Fair Work Act, the National Employment Standards and modern awards. The Fair Work Commission deals with unfair dismissal and many other disputes, and the Fair Work Ombudsman handles underpayments and compliance. Some state public sector employees are covered by state systems instead, and so are employees in WA who work for local governments, sole traders, partnerships and some other unincorporated employers. Different deadlines apply in those systems, such as 28 days for unfair dismissal in WA.
Employment law moves fast. Several of the most important claims have to be lodged within 21 days, so getting advice in the first week after a dismissal can make all the difference.
Common employment matters
- Unfair dismissal and general protections claims.
- Underpayments, unpaid super and entitlements.
- Bullying, harassment and discrimination.
- Employment contracts, including restraints of trade and redundancy terms.
- Workplace injuries, which are usually a workers compensation matter. See our personal injury lawyers.
What to ask before you hire one
- Do you act for employees, employers, or both?
- Which claim fits my situation, and what's the deadline?
- How do you charge? Some firms offer fixed fees for the early stages of a Fair Work claim.
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Employment lawyers: common questions
How long do I have to make an unfair dismissal claim?
21 days from the date your dismissal took effect. The same 21 day limit applies to a general protections claim that involves a dismissal. The Fair Work Commission only accepts late claims in exceptional circumstances, so act quickly.
Can anyone claim unfair dismissal?
Not everyone. You generally need to have worked for the employer for at least 6 months, or 12 months if it's a small business with fewer than 15 employees, and be covered by an award or agreement or earn under the high income threshold. A general protections claim has different rules and may still be available.
What can I do if I've been underpaid?
You can raise it with your employer, contact the Fair Work Ombudsman, or make a claim in court for the money owed. There are time limits, generally six years for underpayments, and deliberate underpayment can now be a criminal offence for employers.
Do employment lawyers act for employers too?
Many do, and some only act for one side. Check when you call, because a firm that usually acts for employers may not be the right fit if you're an employee, and vice versa.
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